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H1B Transfer before Oct 1st & start working on OPT

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  • H1B Transfer before Oct 1st & start working on OPT

    Hi,

    Working for Employer A on OPT, got selected in H1B lottery and petition got approved. Now Employer B has offered me a exciting job offer and are ready to transfer my current approved H1B.

    I was wondering if Employer B can file for H1B transfer before OCT 1st and once the transfer is approved can I immediately start working on OPT with Employer B?

    Does it have any risk? How can I make sure that I don't miss my H1-B.

    I appreciate for your help.

    Thank you

  • #2
    Yes and Yes.

    If you are on OPT and want to work on it, there is no need to wait for H1 to be approved.
    Immihelp Support
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    • #3
      Yes, B can file a cap-exempt petition for you. If the job is in your field of study you can start working immediately based on your OPT. If you are on the STEM extension B should also be enrolled in EVerify in order to work before Oct 1.
      This is my opinion and not legal advice.

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      • #4
        Thanks for you reply.

        It has been 2 months that I graduated and my OPT started. I have two more question.

        How long the transfer process will take?
        How can I make sure that is legal. Is there any way to send USCIS email and ask to make sure? Because I really don't want to miss my H1B or USCIS revoke it.


        Originally posted by kabkaba View Post
        Yes, B can file a cap-exempt petition for you. If the job is in your field of study you can start working immediately based on your OPT. If you are on the STEM extension B should also be enrolled in EVerify in order to work before Oct 1.

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        • #5
          A petition filed by B will not affect A's petition in any way.
          This is my opinion and not legal advice.

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