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  1. #1
    Join Date
    Aug 2010
    Posts
    3

    Default Obtaining then Transfering a H1b

    i am currently on an 18 month j1 visa which ends next year, my current employer has petitioned for a h1b visa, i have received my lca and all fees have been paid, i was wondering is it possible to transfer it at this stage to another host company who is willing? i don't want to wait as the company i am with is not a good place to work, i've been unhappy here since i first came here, and the company will not pay what it states in the lca or even allow me to work in the position stated, i came here as a trainee manager on a j1 and the h1b is for what i am qualified to do, ie chef, i am only a bartender at the moment in va.

    Any help or advice would be greatly appreciated

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Transfer H1b

    Do you have a new host company lined up already? They would need to file the petition on your behalf.

    You can read a bit about the process here.

  3. #3
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Transfer H1b

    An H1B has educational requirements which you do not appear to meet - or which are not required by the positions you are being hired to fill.

  4. #4
    Join Date
    Aug 2010
    Posts
    3

    Default Re: Transfer H1b

    Quote Quoting T53147
    View Post
    An H1B has educational requirements which you do not appear to meet - or which are not required by the positions you are being hired to fill.
    I am qualified for the position being filled 8 years experience as chef and college degree, but i am not being allowed to fill the position filed for or as it states on the lca also can i transfer the application to another host company before its been approved, i have a company lined up and willing already, websites say i can transfer after its been approved

    Quote Quoting LawResearcherMissy
    View Post
    Do you have a new host company lined up already? They would need to file the petition on your behalf.

    You can read a bit about the process here.
    I am qualified for the position being filled 8 years experience as chef and college degree, but i am not being allowed to fill the position filed for or as it states on the lca also can i transfer the application to another host company before its been approved, i have a company lined up and willing already, websites say i can transfer after its been approved

  5. #5
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Obtaining then Transfering a H1b

    Do you have a 2 year HRR?

    While you may have a degree, jobs as a chef in the US do not necessarily require that which is why I wonder if this is or may be a problem for you in the future.

    You seem to very ungrateful; you employer gave you a great opportunity and yet you are very critical of them. If you were unhappy, you should not have wasted their money on your filing. You may have a valid employment contract that you need to comply with.

  6. #6
    Join Date
    Aug 2010
    Posts
    3

    Default Re: Obtaining then Transfering a H1b

    Quote Quoting T53147
    View Post
    Do you have a 2 year HRR?

    While you may have a degree, jobs as a chef in the US do not necessarily require that which is why I wonder if this is or may be a problem for you in the future.

    You seem to very ungrateful; you employer gave you a great opportunity and yet you are very critical of them. If you were unhappy, you should not have wasted their money on your filing. You may have a valid employment contract that you need to comply with.
    by 2 year hrr do you mean the part of j1 that says you must return home for two years? if so no it does not apply to me, although most chef jobs in the US do not require a degree i required a minimum bachelors level degree in my field to obtain the h1b, why would this potentially post problems in the future?
    I know it sounded like i was being ungrateful, but i am not, they agreed prior to me coming to work with them that the position of head chef was mine but after a while as a bartender they said they don't want to lose me from the bar, i would not have agreed to coming over to them if i knew this as cooking is what my passion and expertise is, also they wasted no money in filing my petition as they refused to pay any part of it as they have with previous cases

  7. #7
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Obtaining then Transfering a H1b

    There is something very wrong with your H1B since there are many fees that the employer is required to pay and which cannot be reimbursed by the employee. I believe that you have been taken advantage of because of your desire to remain in the US following your J1.

    I suggest that you take all of your documents to an attorney or to Catholic Charities if you are unable to afford a private attorney.

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