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Transfer of H1B Visa without the Consent of the Previous Employer

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Old Sep 13th, 2007, 08:35 PM     #1
khel
 
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Confused Transfer of H1B Visa without the Consent of the Previous Employer

I came here in USA particularly in California with an H1B visa. Upon my arrival, I haven't start to work for several months because there is no immediate work available. I was not compensated by my employer (consulting firm/agency) during my benched period.

Several months passed, I was hired by a client in Seattle, WA on a contractual basis. But after my contract, I was again benched for several months.

Finally, I decided to transfer my H1B visa here in Seattle, WA without informing my employer in California. My application was approved and I am now starting to work.

My problem is my previous employer in California is running after me. He wants me to go back in California. He threatened me that if I didn't go back in California, he will take whatever legal action regarding my status here in USA.

Does my previous employer in California has the right to take any legal action against me? What are my rights as an H1B employee?

Please advice me... I don't know what to do. I want to stay here in USA and continue working.

Thanks for the help in advance.
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Old Sep 15th, 2007, 11:59 AM     #2
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Default Re: Transfer of H1B Visa without the Consent of the Previous Employer

You are allowed to apply for a transfer and your employer cannot stop that, especially when he did not have work for you!
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Old Feb 13th, 2008, 05:24 PM     #3
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Lightbulb Re: Transfer of H1B Visa without the Consent of the Previous Employer

hey, so did your employer have to do any paperwork upon your arrival? reason i am asking is that my employer is even worse, I got visa but he does not want me to come to the US until he has work for me. Do you guys know if i can just come and do a visa transfer right away? please, let me know if you know for sure. thanks for your reply!!!
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