H1b transfer 3 weeks after arriving to US on H1B

USA H1B Visa
1

Hi,

I recently on H1B through a consultancy A. I haven’t worked for any client till now as I got my SSN just 2 weeks ago and I don’t have a client. A is very bad and hasn’t provided me with any interviews or clients till now. He’d be paying me very less even if I get the client and work for him

I was working in India for company B. Company B has branches in USA(Seattle). One team in B is ready to take me for a full-time position. They need to transfer my H1B for that

As I came to US just 3 weeks ago and haven’t worked for any client, I do not have payslips

Please answer following questions for me

  1. Is it possible to do an H1B transfer in this case without payslips?
  2. Do I need to inform my current employer (consultancy A)?
  3. if I proceed without informing A, is there a way for him to know of the transfer?
  4. Can A create any problems to stop the transfer?

Thanks in advance. Please help me out here

2

  1. You have been in US for just 3 weeks, so it may still be possible. The longer you wait, the more difficult it will become. In worst case scenario they would approve H-1 transfer but w/ consular processing. So you will have to leave US and return on H-1 visa in order to join the new employer.

  2. A doesn’t need to know about your H-1 transfer

  3. They wouldn’t know until someone tells them about it

  4. If they somehow know about the transfer, they may fire you and revoke your H-1. This may put you in a tough spot especially if you haven’t moved to the new employer yet.

3

Thanks Saurabh for the answer

Could you please elaborate on the ‘tough spot’. How serious will it be?

Do I need to go back to India and not come back?

4

In order to maintain H-1 status in US, you always need to be employed and get paid. If the employer fires you, there is no grace period. You will have to immediately move to another employer and join their payroll, or leave US if this is getting delayed. This is what I meant by tough spot.

Lets say you are not able to find a new employer after getting let go. So you have to leave US, and continue to search for new employer. Once you have found one, have them file cap-exempt H-1 for you (aka H-1 transfer) and enter US on their approval petition.