Friends,
 I need some opinions from you all. I am currently working as a contractor for client WALMART through one dhoti consulting company and on top that there are several layers.

Myself----> my dhoti company ---> prime vendor----> Tech Mahindra---------> Walmart ( end client)

Now, TechMahindra wants to hire me as a Full - time and they have assured me that they will file my GC later on. 

My concern is that whether i need to transfer my H1 from my dhoti company to Tech Mahindra  for filing greeen card from Tech Mahindra.

Please advice how should i proceed .

Best, 
Gore-Keto

 You are working for a dhoti consultancy. I thought the word "dhoti" was an offensive word, used by few Nepalese people for Indians. May be I am mistaken.
Good Luck with your career!
- Jangali Maanab

 Gore Keto, your dhoti company does not need to know about your H1b transfer. Just intiate the process with Tech Mahindra and once h1b is transferred you can simply quit your dhoti company. 

I hope you haven't signed any bond or anything with your current employer, even if that is the case its illegal of them to do so. Just go about it normally like people normally do and there shouldn't be a problem.

And yes, you do need to transfer your h1b to tech Mahindra in order for them to file your GC.

I donot think you need to transfer H1 to tech Mahindra for filing GC. Tech Mahindra can directly file GC for you even if you are not working for them. Once you get labor, you can officially join Tech Mahindra after that as full time employee.

Otherwise, do H1B transfer to tech Mahindra and initiate GC process from them. However, what is the guarantee that Tech mahindra will file GC for you.

Rather than going thru the hassle of H1B trasnfer and GC filing, why not eliminate th H1 transfer and directly file GC..ki kasso?

Guys, 

Thanks for your response. 
I was wondering if TechMahindra can initiate my GC filing without H1 transfer or not. As per the response from Neerman, Tech M. can initiate filing LC without transferring H1. To be true, I dont trust Tech M. too so just to be in safe side I will accept the offer from Tech M. only after they start filing my LC. 

BTW any of you guys do work for big indian companies like Tech M., Infosis , Wipro etc and in the same boat? please share me your experience working with those companies. 

My dhoti company is also giving me words that they will start filing my GC after couple of months .  Just wondering, which way is better to file GC.

I would really appreciate if any of you can suggest or share your experience. 

Best,
Gore-keto

 Neerman is right. It is perfectly legal to file h1b without even working for the company because GC is for future employment. But normally companies won't do that. But is it legal? Yes.

I don't work for a large indian company, but from what I hear, they are alright. Its the street dhotis you have to watch for.

Generally, more reputed a company is, better the chances of getting labor and I-140 approved. So Tech Mahindra would be a better bet for filing GC.

First of all, the reputation of the company does not guarantee anything. It doesn't increase your chances of geting H1 or labor or I-140 or GC. The only thing good about the reputated company is that there will be work to show that you will actually be working with them, and they have enough work throughtout your employement. 

It is true that they can initiate your labor based on future employement. The labor is what determines how much you should be paid once you get your GC. Now the thing is, T.Mahindra being a big company will have that ability to pay the prevailing wage (labor) at the time of filing based on future employement. While an indian consultancy will not have that ability based on the tax return so they won't be able to file for future employment and so need you to join so they can use the pay stubs and net income to justify the ability to pay during your I-140 process. 

Now coming to the point of joining T.Mahindra, You have to check if your current contract with your current company that forbids you to join the vendor generally up to a year to two, and other part is that if the contract mentions you will have to be with the company for certain amount of time. You have to be careful here, as the current employer can sue both you and tech.mahindra on this case for breach of contracts, and i've seen the decision on favor of IT companies.

Joing T.Mahindra would definitely would definitely bring better opportunities for you, but do make sure they keep up with their words, and try to get that in writing that they will initiate your GC process and also take care of the legal fees if such condition arises.. Thats the best way I think.

Good Luck!!

@Gore-Keto

Hi... recently I got similar offer from Tech.m... so I wanted to check few things with you... did you ever join that company...if not...do I need to know anything about them... also...did they file GC as they promised? Please reply at the earliest.

Thank you.