Is this the right time for H1 Transfer? Pls advice

[northedman]

Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

I want to know is this the right time to go for H1 Transfer? Are H1 Transfers getting rejected?

What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

H1 Transfer rejecting = H1 Visa rejection?

Please let me know.

Thanks a lot.

[kumarc123]

Originally Posted by northedman

Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

I want to know is this the right time to go for H1 Transfer? Are H1 Transfers getting rejected?

What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

H1 Transfer rejecting = H1 Visa rejection?

Please let me know.

Thanks a lot.

First of all it is illegal for them to haord any type of money.


Secondly if you don't have a green card process through them, or you do and you have your second step cleared and it has been more tan 180 days. You can the find a different employer and transfer, if your present employer tries to act smart, tell him you will call the labor department and inform about illegal practices in the company. Or best say, you will call senator Dubin's office.


Gone are the days when Desi employers can treat consultants like crap, they are jsut blood suckers.

Good Luck

[Leo07]

Your employer is NOT supposed to hold back any payments--it's absolutely ILLEGAL. IMHO, your best course of action would be to:
1. Contact one of the immigration attorneys listed on the top-right corner of this web page and explain your case. In other words, validate your case first.
2. Check if Your Client is tied to your employer, so, if you quit your employer, you are quitting the client as well?( You should already know the answer to this question)
3. Depending on answers from 1&2 you can talk to your CLIENT and find a different employer. Your accused employer doesn't have to know any of these points.

H1 transfer is NOT a menace, it can be done any time. As long as you have a valid client contract/job. If you have NOT filed for GC, there is more reasons for you to transfer.

H1 Transfer rejecting = H1 Visa rejection? NOT always TRUE...

Firstly, if you have your papers correct and have a job in hand, your H1 will NOT be rejected. As simple as that.

Best of Luck!

Originally Posted by northedman

Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

I want to know is this the right time to go for H1 Transfer? Are H1 Transfers getting rejected?

What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

H1 Transfer rejecting = H1 Visa rejection?

Please let me know.

Thanks a lot.

[vikramy]

Several people i know got RFE during H1 transfer and few got denied . At the same time many got approved.

Mines also got denied even though i a have a project and with big company.

But if you are over 180 days you can take a chance. It is better that getting less salary. You can transfer on premium and switch company after it gets approved.

On the side note: dont transfer your h1 to a company starting with cognXXXXX and ending with "solutions". their immigration department sucks and several of their transfers are having issue.

Originally Posted by northedman

Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

I want to know is this the right time to go for H1 Transfer? Are H1 Transfers getting rejected?

What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

H1 Transfer rejecting = H1 Visa rejection?

Please let me know.

Thanks a lot.

[webslinger]

Hi Vikramy - Do you know of any particular reasons for these transfer denials? Also what could have been the reason in your case? Please explain if you have examples for the company starting with cognXXXXX, I just put my transfer papers in to join them....

[snathan]

Originally Posted by webslinger

Hi Vikramy - Do you know of any particular reasons for these transfer denials? Also what could have been the reason in your case? Please explain if you have examples for the company starting with cognXXXXX, I just put my transfer papers in to join them....

God Bless you...dont join them till you get the approval.

[rdehar]

Originally Posted by northedman

Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

I want to know is this the right time to go for H1 Transfer? Are H1 Transfers getting rejected?

What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

H1 Transfer rejecting = H1 Visa rejection?

Please let me know.

Thanks a lot.

If they are holding your money, file a complaint with DoL. Or at least, tell you employer that you are going to file it and see what happens.

H1 transfers are really tricky nowadays -- there is a big risk.

Afaik, any "long term contract" is a worthless piece of paper unless signed in presence of an attorney.