View Full Version : OPT to H1..Urgent..Please Help
08-17-2009, 10:24 AM
I am on OPT status right now.
I joined a desi consultancy. I am currently going on with a project which has a duration of 6 months and its ending in Sept 2009.
My employer is filing H1 for me this week.
In the mean time i got a full time offer with my company with which i have a project( not the desi one). I dont know whats the status with all these things now.
At any cost i want to leave the desi consultancy and get the full time offer.
This offer i cannot reject and its a blessing in disguise for me. So please help me what should i do?
How should i proceed with this issue?
If my desi company gets the H1 for me than can i directly transfer it to the new company?.. Please help me.
Its really urgent.
08-17-2009, 10:34 AM
Have the company that offered you FT file for the H1b immediately and check if you have signed any non-compete agreements with the consultancy. Also check with your FT offer company if the company has a non-compete with the vendor.
If not, you are all set and can kiss them a goodbye once the H1b is approved. As an alternative, you can even kiss them a goodbye now as you have OPT and begin working for thr FT job immediately rather than drag this on.
Read the FAQs about H1 transfer and other posts that discuss the same subject in 100s of posts.
08-17-2009, 10:49 AM
I have been bugging my desi consultancy employer so file my H1 from the past few months. I never knew i could get a fulltime offer. But now i did get one. There are layers in between the companies too. 2 layers. So does the noncompete agreement question still arise?
If the desi company files the H1 then can i transfer it after 1st october to the name of the new full time company??
You said you can give them a kiss byworking fulltime for the company directly. But if desi company files my H1 can still i be able to do this?
08-17-2009, 11:09 AM
Did I also not ask you to have your FT offering company file for a H1b directly? Why do you want to go through the hassle of a H1b transfer when they can file one themselves as the H1b from the consulting company many not even go through the rigorous checks by USCIS and get denied.
Non competes can follow through the different layers based on the contract wording. You need to talk with an employment lawyer if you are not sure what you signed in those weak moments.
Read the post in it's entirety and the FAQs before you follow up with further questions.
08-17-2009, 11:17 AM
Thanks a lot..I am not sure whether my FT company will file or not ..i need to ask them this...?? I got what you are saying but i am sorry to bother you. I just have one question..
If both the companies file for my H1 will that be an issue?? Can they both file it? Coz i am now in a position i cant stop my desi company from filing my H1..I know i am confused!
08-17-2009, 12:15 PM
Both can file.