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H1B Transfer Before Oct 1

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  • H1B Transfer Before Oct 1

    Hi,

    - Right now on STEM OPT, valid till 10/13/2016, applied for further 7 months extension
    - Working full time for Company A, applied for H1B, not picked
    - Company B also applied for H1B, which GOT PICKED
    - Now got offer from Company C, wants to send me to UK for training as soon as I join
    - Thinking of applying for H1B transfer to Company C, once approved asap ( which Company B applied)
    - I think need H1B Stamp to come back to US after training from UK
    - What I have read online says I can come back only before 10 days mentioned in I-767 start date ( i.e. 10/01/2016)

    1) So can I make H1B transfer from Company B to Company C without Paystubs before Oct’ 1, 2016?
    2) Can I join Company C before transfer is done, as I am on STEM OPT (OPT is valid till 10/13/2016, can be extended to 05/14/2017)?
    3) How to attend the training in UK before Oct 1st,?
    4) How to come back safely to US from UK?
    5) Is it true I can only re-enter US 10 days before mentioned in I-767? But OPT is valid till Oct’ 13, 2016?
    6) What are my options?

  • #2
    Originally posted by himperficient View Post
    Hi,

    - Right now on STEM OPT, valid till 10/13/2016, applied for further 7 months extension
    - Working full time for Company A, applied for H1B, not picked
    - Company B also applied for H1B, which GOT PICKED
    - Now got offer from Company C, wants to send me to UK for training as soon as I join
    - Thinking of applying for H1B transfer to Company C, once approved asap ( which Company B applied)
    - I think need H1B Stamp to come back to US after training from UK
    - What I have read online says I can come back only before 10 days mentioned in I-767 start date ( i.e. 10/01/2016)

    1) So can I make H1B transfer from Company B to Company C without Paystubs before Oct’ 1, 2016?
    2) Can I join Company C before transfer is done, as I am on STEM OPT (OPT is valid till 10/13/2016, can be extended to 05/14/2017)?
    3) How to attend the training in UK before Oct 1st,?
    4) How to come back safely to US from UK?
    5) Is it true I can only re-enter US 10 days before mentioned in I-767? But OPT is valid till Oct’ 13, 2016?
    6) What are my options?
    You can't join the new employer in US before Oct 1. You can arrive in states 10 days before your H1 starts i.e. Oct 1. Was your H1 filed as Change of status or consular processing? If COS and you leave US before it is approved, you must get H1 stamped in your passport to come back to US.

    You shouldn't go for H1 transfer before Oct 1. It is very likely that the transfer will get RFE and further denied.
    This is just my opinion, not a legal advice.

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