Posted by: STUPIDA December 5, 2014
H1B Transfer From Consultancy To Vendor
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@HakuKalay -- If I were you, I wouldn't do it. You are asking for lots of headaches and tensions for few thousands dollars.
Unless it is directly with client and there are no legal difficulties, avoid it. Here are my concerns -

"Consultancy kai direct employee bhanera file garidieko rahecha, resume ni dhateko resume bhanda ni arkai pathae jasto cha lol. "
-- Offcourse, you file H1-B for your employee ONLY. There is nothing called direct or indirect employee. Either your are employee or contractor. You are an employee of your consultancy and they are your employer. For others like vendor and client you are just a contractor. Second, resume that will be send to USCIS during H1-B filing is accurate and correct. You cannot send 5/6 years experience resume to them. No body does that. You should know why?
So even if you go to vendor, your resume will be the correct one. Now you don't know how the Vendor is going to react on this when he finds out (provided they don't know all those added stuff in your resume that was submitted to them while getting job from this client). If your vendor is just another consultancy then they might be OK, but then why all these hassles. All these consultancies are same.

Now, usually there is some sort of restrictions that would not allow you to take the job directly from the client and/or move to another vendor within the same project. Look your contract if you have signed one. This is not always true, but many consultancies do this and it is a common practice. The number of days might be 6 months or 1 year, but usually there is one.

In my opinion, you can continue back with old consultancy if your petition is denied with new one as long as they have not withdrawn the h1-B for you. But then your are also risking the relationship with your current consultancy if they happen to find out about it.

Hope this will get you some ideas to make some decisions.
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