H1-B Transfer

[bayern91]

Hi,

Iam on my OPT right now working for Emp A in the USA. I applied for H-1 b thru Emp-A (the company Iam working now), sadly, it was too late and I ran out out of quota (Master's cap) but luckily, I applied for my H1-B thru another employer-B and I got my I-797(h1-b).

Iam still working for A and(Iam planning on working here for long ) as Iam still on my OPT and it expires Oct 1st-2007.

As said, starting October 1st, my status from F-1 (OPT) changes to H-1b for Emp-B, but I never worked for B or will.

What should I do ? When should I apply for the tranfer ? Now or October 2nd ? Since I never worked for Emp-B I don't have Pay-stubs ?

Can someone please help me ?

Any help, much appreciated.

Regards.

 

[Laxminc]

You have to act fast. If Employer A applies a New H1B using Employer B I-797 doucment before Oct 1st , You donot need to have any paystubs from Employer B.If you want to transfer after October 1st then it will be a problem. Because Technically you sould be working for Employer B.

Since you are already counted against the quota with Employer B, it is not subjected to any quota.

 

[SHORTY LONG]

Hi,

Iam on my OPT right now working for Emp A in the USA. I applied for H-1 b thru Emp-A (the company Iam working now), sadly, it was too late and I ran out out of quota (Master's cap) but luckily, I applied for my H1-B thru another employer-B and I got my I-797(h1-b).

Iam still working for A and(Iam planning on working here for long ) as Iam still on my OPT and it expires Oct 1st-2007.

As said, starting October 1st, my status from F-1 (OPT) changes to H-1b for Emp-B, but I never worked for B or will.

What should I do ? When should I apply for the tranfer ? Now or October 2nd ? Since I never worked for Emp-B I don't have Pay-stubs ?

Can someone please help me ?

Any help, much appreciated.

Regards.

US Law Only - WHEN POSTING A QUESTION, YOU MUST INCLUDE THE NAME OF YOUR STATE!

 

[ImmigAttyLana]

Just have employer A file for a petition on your behalf and you should get that approved, if otherwise approvable, for H-1B with company A.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Sachin]

Lana,

I am currently working in India. My H1B (first H1B) is approved from company A (Start
date Oct 1st 2007). I have an offer from Company B, and would like to work for them.
Can Company B file for H1B transfer or file a new H1B pettion without me
having entered US? Will this application be subject to H1B Cap?

What are the other alternatives that can help me join Company B (asap)?

Sachin.

 

[Sachin]

Lana,

I am currently working in India. My H1B (first H1B) is approved from company A (Start
date Oct 1st 2007). I have an offer from Company B, and would like to work for them.
Can Company B file for H1B transfer or file a new H1B pettion without me
having entered US? Will this application be subject to H1B Cap?

What are the other alternatives that can help me join Company B (asap)?

Sachin.

What are the other alternatives that can help me join Company B (asap with and
without entering US)?

 

[ImmigAttyLana]

It can only be a transfer if you are already in the US IN valid H-1B status. Otherwise, it is just a new petition by a new employer that is not subject to the cap.

 

[Sachin]

It can only be a transfer if you are already in the US IN valid H-1B status. Otherwise, it is just a new petition by a new employer that is not subject to the cap.

Thanks for the quick reply.


It will be great help if you can answer some more questions:
* I assume that the new application will go through consular processing. Won't it?
* What are the factors on which this petition will be approved?
* At the stamping interview will I be asked for the reasons to not join Company A?
How will that affect the outcome?
* If the VISA is denied at the stamping, will I be able to join company A?
* Should I go trough this proccess at all? Do you advise me? (Reply - as per your
experience and/or statistics on similar cases that you know off)
* Will the new petition be subject to a Cap if Company A cancels my H-1B?

 

[ImmigAttyLana]

1. It will go through consular processing only if you do not already have a valid H-1B visa which you may have gotten through company A.
2. Same factors as for any H-1B petition, whether new or transfer.
3. No, this is irrelevant to the outcome of this petition or this consular processing, if there is one.
4. If there is still a valid H-1B approval notice for company A and a valid H-1B visa on which you can travel and the job offer is still open from company A, then yes, you can always join company A during the validity of that approval notice.
5. That's up to you. I cannot advise you on this since I don't know anything about your situation or your plans/objectives, etc.
6. No.

 

[Sachin]

Sorry to bother you again.
Hopefully these are my last queries.

* I assume that the new application will go through consular processing. Won't it?

1. It will go through consular processing only if you do not already have a valid H-1B visa which you may have gotten through company A.

No more stamping? I have a valid VISA from Company A.

* Will the new petition be subject to a Cap if Company A cancels my H-1B?

6. No.

How long after cancellation?

 

[ImmigAttyLana]

No, as long as you have a valid visa for the same nonimmigrant classification, that visa is valid for travel even if your employment with an employer other than the original once, as long as you have a valid H-1B approval notice for that employer.

 

[Sachin]

Thanks Lana.

 

[Sachin]

Lana,

Is there any time limit for Company B to file the new petition?

Just to explain my situation again (so you don_t have to go through lot of hypothetical situations listed above). I have a valid petition from Company A and VISA is stamped with start date Oct 1st 2007. I have not yet traveled to US through company A. Also I never held H1B status before. Now, company B wants to file a new petition, before I travel to US.

Is there any time limit for Company B to file the new petition?

 

[ImmigAttyLana]

No, it can really be filed at any time.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.