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Can an approved H1B be transferred before it kicks in?

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  • Can an approved H1B be transferred before it kicks in?

    Hello,

    I am on my OPT (started on 5th Jan 2009) currently and am working for a startup company. However, I am told that the company has funds only to support my position for another 2 months or so.

    But the company is ready to sponsor my H1B for April 1st this year to help me keep my immigration status. My question is if my H1B application is approved this year but I loose the job before the H1B kicks in (1st October 2009) can the approved H1B be transferred to a new company, if I get another job?

    Thanks in advance.

  • #2
    You can apply without change of status, or you can also get your OPT extended to stay in F1 status.
    If you do not have a job, why apply for H1? This is the exact type of behavior of IT professionals and unscrupulous consultants that has created the suspicion about IT professionals across the board.
    This is my opinion and not legal advice.

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