H1B 2014 transfer

[Cfa]

Hi forum,

I finished my masters last year and started my OPT with an US employer last year. They filed for my visa this year and I got approved too. My OPT is valid till 31st August. Now, the question is--- When can I change the employer at earliest so that I can transfer this H1b 2014. 2) Do I need to go back to my home country and get the visa stamped before I change an employer?

[kabkaba]

Another employer can file for you at any time and you can join them based on your OPT at any time. Visa is not needed.

[Cfa]

Another employer can file for you at any time and you can join them based on your OPT at any time. Visa is not needed.

Thanks kabkaba. Some of my friends are telling me that since H1b visa for current year doesn't start before October and I am still on my OPT, I cannot get it transferred before that month. I want to join another company next month. Do you think that USCIS can give me trouble in H1B transfer if I do the same?

[kabkaba]

A transfer is nothing but a cap-exempt petition and since you have been counted under annual cap another company can file a cap-exempt petition for you at any time. Since your current status allows employment with the new company (assuming it is in your field of study and enrolled in EVerify if you are on STEM extension), you can join them immediately.
One cannot of course predict if the new company's petition will get approved, but it depends on factors like genuineness of the company/job, your credentials etc.

[Cfa]

A transfer is nothing but a cap-exempt petition and since you have been counted under annual cap another company can file a cap-exempt petition for you at any time. Since your current status allows employment with the new company (assuming it is in your field of study and enrolled in EVerify if you are on STEM extension), you can join them immediately.
One cannot of course predict if the new company's petition will get approved, but it depends on factors like genuineness of the company/job, your credentials etc.

Thanks man..I really appreciate it.

[sunnydevadasu88]

Question regarding my H1 Visa

Hi Folks,

I am working for a company for the past two and a half years and its been a month that I came to US on H1b raised by my company. Now I have to go back to India in a month, can I get a job here in US, get my Visa transferred and come back in another two months with the new Visa stamped.

If I dont go back to India, I will be breaching my agreement and I will have to pay $25000. I want to avoid any legal obligations.
All I want to do is go back to india, while I have a job offer here in US. Resign my company and come back to india on my new H1 Visa.

Please let me know the complications involved in this. I was assuming this is one of the way to come back to US.
Also advise me with the available options.

Thanks,
Sunny