H1 Transfer and new H1B approval Problem

[siva]

What is the name of your state? TX

Hello Attorney,
I have a weird situation, I was working for company-A on my OPT which expired on (May 31 2007) so, i can't work for company-A, but My H1b got approved without I-94 attached to that petition from company-A with start date oct 1 2007. So i got to go for a consulate for h1b Visa to start working for Company A from october 1. For all these days i was not out of status because i got a valid I-20(joined in school) to save my status. Now i got Permanent offer from Company-B......Now my questions are ...

Can i transfer my H1b to company-B? without working on that h1b for company-A?
If a new petition is filed by Company-B is anything to do with H1b quota? since it is already reached the cap for new h1b quota this fiscal year,? will my situation is considered as transfer petition since i already got approved h1b petition from company -b?

I appreciate your response...? and need some advice

Thanks
Siva

 

[ImmigAttyLana]

It's not going to be a transfer but a new petition that is not subject to the quota.

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

 

[siva]

Hello Lana,
Thanks for your advice. So, you mean to say the new company can apply for a new petition for me, which is not subject to quota right ?....my question here is this is my new H1b, i didn't worked on H1b before to any employer......? Hence i can assume once if your name is on H1b list under USCIS it is fine to apply for new petitions any time if you change the employer....?....i was hoping new petitions doesn't matter if you are already working on H1b..and intend to change the employer right..? im i missing something here..?..Thanks for your time...in reading this...


Thanks
Siva.

 

[ImmigAttyLana]

If you already have an approved H-1B petition in your name, then that is what allows you to have a new petition filed on your behalf that is not subject to the quota.

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