H1 Xfr taking too long

[teenu7]

Dear Seniors,

I entered US in Sept last yr for company A (H1 for company A). As soon as i entered US , i filed a transfer to company B within 20 days.Since then my transfer is pending from last 11 months.I asked my employer several times why its taking so much time but he has no answer.Just to mention they have 8-10 cases just like me.

1)I plan to visit India in next 2-3 months .Can i travel while my transfer is in process.I have receipt from USCIS and my H1 from company has not been cancelled. What nasty questions can an immigration officer ask???

2)Should i ask for premium processing before i plan to go to India.

3)Everytime i talk to my employer about premium processing , he say that RFE would come.Is he hiding something??

4)There have been a case in company B when an H1 transfer was denied in premium processing..What should i do ??? Premium or let H1 take its own time.

5)How do i ensure that whatever docs my company are proving to attorney are appropriate and up to the mark before i even plan to file for premium processing??What all docs are required for the transfer??

6)What worse thing can happen if H1 transfer is denied??

7)Was the transfer from company A -> company B illegal??? I mean since i transferred within 20 days and without any pay stub.

Pls help seniors!!!!

[contact 01]

plan to visit India in next 2-3 months .Can i travel while my transfer is in process.I have receipt from USCIS and my H1 from company has not been cancelled. What nasty questions can an immigration officer ask???

No, you cannot travel outside US untill the process completed. Moreover this is a change of status within US even though it is a H-1B transfer.

2)Should i ask for premium processing before i plan to go to India.

Please ask the employer to file premium process and go to india with H-1b approval notice of the current employer.

3)Everytime i talk to my employer about premium processing , he say that RFE would come.Is he hiding something??

It is not necessary that you will always have RFE if the case is converted into premium process. If all documents are produced and if all the documents are legally valid then definitely it will get approved.

Therefore please talk to employer about your situation and necessity to travel. If he doesn't agrees for premium process then you say that you will pay the amount $1000 for premium process and then he will agree for it.

4)There have been a case in company B when an H1 transfer was denied in premium processing..What should i do ??? Premium or let H1 take its own time.

If you still have doubt about premium process then you stick on to regular process . Further you cannot travel untill the decision is granted

5)How do i ensure that whatever docs my company are proving to attorney are appropriate and up to the mark before i even plan to file for premium processing??What all docs are required for the transfer??

Main documents should be approval notice and pay stubs from the previous employer.

Ask your employer to provide a copy of documents mailed to USCIS.
Do you have the receipt copy for the H-1b transfer filed. If not get the copy of the H-1B receipt from your employer. If he just gives the receipt number, you insist for a copy of the H-1B transfer receipt.

6)What worse thing can happen if H1 transfer is denied?

It is hard to answer. But no other choice except to approach the previous employer and check whether your H-1B is cancelled or not . If he has not cancelled then you can join him.
or
if you dont like to approach the previous employer, then look out for another employer for H-1B transfer or just change your status to any other visa if you want to be in US like F-1 visa
.

7)Was the transfer from company A -> company B illegal??? I mean since i transferred within 20 days and without any pay stub.

Transfer from company A to company B is not illegal. For all transfer cases you must have the approval notice of the H-1B plus pay stubs from the previous employer.

Note: This is not a legal advice. Please consult an attorney