H1 visa - Company A to Company B with in USA

Hi ,

  1. I came to USA on h4 in 2014. And later filed h1 from employer A. I am eligible to

  2. I am not getting projects from A, and no prompt response. Can i transfer my H1 to Employer B, with my paystubs generated till now…? Will it cause any legal issues? Please advise…?

  3. I don’t want to work with Employer A, will it be possible to hold my h1 for some time and get change to H4?

You have stayed inside US on H-1 (I assume H-1 was approved w/ COS) for almost 6 months now. This is a SERIOUS ISSUE.

  1. Another employer can file cap-exempt petition (aka H-1 transfer) for you. However, most likely it would be approved w/ consular processing as you are not maintaining legal H-1 status.

  2. If you want to move to H-4, then you should leave US and return on stamped H-4 visa. You cannot apply COS from inside US as you are not maintaining legal status.

  3. A can revoke their H-1 petition anytime they want. However, you would still be able to get cap-exempt petition through another employer by submitting a copy of approval notice as reference.

  4. Yes, see (5)

By law, A is required to pay you the salary as per the LCA. Talk to them about it, and complain to DOL if they don’t oblige. But start getting paid ASAP.