I am currently with Company A on H1 in the US since the last few months with my family joining shortly. I want to move to another company [company B] which is offering a better location and pay.I still not have applied to any other company. Now question is how do I make this switch without raising any suspicion in Company A? Is there anything , absolutely anything at all that can raise the suspicion levels of my current employer while the paper work is being done by company B? I still don’t have the pay stubs for the last three months from my current employer.
I don’t want to fall in this consultant trap ever again. I would also like to know which companies I can try for that do GC where I am working as employee and not coming in thru this consultant model. I am very depressed about this. Thanks for your help.
B can file cap-exempt petition (aka H-1 transfer) for you. However, as you don’t have valid payslips, you are considered out-of-status and even if your H-1 transfer is approved, it will be w/o I-94 attached. So you have to leave US and re-enter to join B.
Did you discuss w/ B about the fact that you dont have payslips from A.
No I have not spoken to company B as yet because I don’t have my pay slips and I don’t want to risk my current employer finding out. But I know from sources that what they will offer in terms of pay, location and work culture is much higher. So if I apply without payslips I can technically still shift to company B as long as I leave and re-enter US right? So if I make a trip to Canada and back will that count? I can leave and re-enter in a days time with my family. But I will not have any payslips from the first company. Will that pose any problem in the long run?
Whenever you approach B, their attorney will ask for payslips and you will have to tell the truth.
The more you stay inside US w/o getting paid, the digger the hole would be to get out of. You cannot join B on the basis of H-1 transfer as you are not maintaining status and I see little possibility that USCIS will approve B’s petition w/ I-94 (they may approve it w/ consular processing though).
In short term, this can be corrected by entering US again and start getting paid regularly. In the long term it may impact your green card process if USCIS determines that you didn’t maintain legal status w/ A.