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Transfer from company A to Company B

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vrjain

Junior Member
Hello Lana,

This seems to be a very informative and active forum.
Here is my question.

I am working for a company A which has applied for my H-1B visa (April 2014). I wish to make a switch as soon as I get one. Lets say I get an offer from company B - a couple cases 1) May 2014 2) July 2014

If I get in May, and my new employer is filing the visa if the quota is there, can the visa with company A be cancelled? Will they charge me according to you?

If I get the new offer in July 2014, and I have my H1B approval notice, can I transfer immediately to the Company B (who is ready to transfer/sponsor the visa) or would I have to wait until Oct 1st to get it transferred. In these posts I am hearing a lot about pay-stubs, would I need to wait for some time with Comp A to get these pay-stubs after H1B approval?
 


t74

Member
You may have an employment contract with A that would subject you to financial penalties if you do not appear for work as contracted to do.
 

vrjain

Junior Member
Thank you for the response

I am a full time employee. What would be the clause in the contract to look for. While signing the contract there was none that I can remember of. Can they automatically impose a clause by applying my H-1B? How much would the financial penalty be approximately?
 
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lisaanderson05

Junior Member
Hello Lana,

This seems to be a very informative and active forum.
Here is my question.

I am working for a company A which has applied for my H-1B visa (April 2014). I wish to make a switch as soon as I get one. Lets say I get an offer from company B - a couple cases 1) May 2014 2) July 2014

If I get in May, and my new employer is filing the visa if the quota is there, can the visa with company A be cancelled? Will they charge me according to you?

If I get the new offer in July 2014, and I have my H1B approval notice, can I transfer immediately to the Company B (who is ready to transfer/sponsor the visa) or would I have to wait until Oct 1st to get it transferred. In these posts I am hearing a lot about pay-stubs, would I need to wait for some time with Comp A to get these pay-stubs after H1B approval?
Once you’re H-1B is approved, another company can file a transfer application on your behalf, even before October 1. However, you should speak with an immigration attorney to get details and any risks of doing so.please go here: http://www.visaprolaw.com/immigration-attorneys
 
Last edited:

t74

Member
An attorney would have to review your employment documents to determine if you have an enforceable clause for damages and their amount if it does exist.
 

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