H1B Transfer with one Pay stub of 1 day; H1B CAP Exempt

[anilarella]

I had H1B Visa Stamping at Hyderabad ( India) in November 2012, I got a petition (mechanical profile) and visa which is for 3 years ( from Nov 2012 to Sep 2015).

But in August 2014 I got F1 Visa by cancelling H1B visa at Hyderabad, India.

Completed my Masters in mechanical August 2014 - May 2016.

Currently working in OPT EAD valid from June 01 2016 - May 31 2017.

Can I convert from ( F1-OPT ) to ( H1B ) status as "CAP Exemption" for my current employer (company A)?

If so, please answer the following situations I may face

Situation 1: ( F1-OPT ) to ( H1B ) using " CAP exempt Unused 2012 Petition"

While the change of status is in progress, If I lose my Job (company A) and If my petition, (mechanical profile) does not get approved.

Eventhen can I file new petiton to a (company XYZ) in IT related field as " CAP exemption "

Situation 2:

The moment my H1B is approved, will I be converted to H1 status?

If I lose my job on the same day when I have converted to H1 status, my pay check would be technically one day.

Can I transfer my H1B petition (Mechanical) from (company A) to H1B (IT) (company XYZ) with a 1 day Pay stub ( Pay stub issued for every 15 days).

[raghvi]

I had H1B Visa Stamping at Hyderabad ( India) in November 2012, I got a petition (mechanical profile) and visa which is for 3 years ( from Nov 2012 to Sep 2015).

But in August 2014 I got F1 Visa by cancelling H1B visa at Hyderabad, India.

Completed my Masters in mechanical August 2014 - May 2016.

Currently working in OPT EAD valid from June 01 2016 - May 31 2017.

Can I convert from ( F1-OPT ) to ( H1B ) status as "CAP Exemption" for my current employer (company A)?

If so, please answer the following situations I may face

Situation 1: ( F1-OPT ) to ( H1B ) using " CAP exempt Unused 2012 Petition"

While the change of status is in progress, If I lose my Job (company A) and If my petition, (mechanical profile) does not get approved.

Eventhen can I file new petiton to a (company XYZ) in IT related field as " CAP exemption "

Situation 2:

The moment my H1B is approved, will I be converted to H1 status?

If I lose my job on the same day when I have converted to H1 status, my pay check would be technically one day.

Can I transfer my H1B petition (Mechanical) from (company A) to H1B (IT) (company XYZ) with a 1 day Pay stub ( Pay stub issued for every 15 days).

You seem to be doubting that the employer is serious about employing you. Why would you want to transfer h1 to them who can terminate you any time?

This is my opinion not legal advice.

[anilarella]

1st H1B approved, 2nd H1B petion denied, 3rd Petion is still " CAP EXEMPT"

I had H1B Visa Stamping at Hyderabad ( India) in November 2012, I got a petition (mechanical profile) and visa which is for 3 years ( from Nov 2012 to Sep 2015).

But in August 2014 I got F1 Visa by cancelling H1B visa at Hyderabad, India.

Completed my Masters in mechanical August 2014 - May 2016.

Currently working in OPT EAD valid from June 01 2016 - May 31 2017.

Can I convert from ( F1-OPT ) to ( H1B ) status as "CAP Exemption" for my current employer (company A)?

If so, please answer the following situations I may face

Situation 1: ( F1-OPT ) to ( H1B ) using " CAP exempt Unused 2012 Petition"

While the change of status is in progress if USICS issue RFE and H1B gets denied.

H1B denied can be either of the below reasons.

1) Not responding to RFE by employer / attorney. ( If I lose job after filing H1B, I can't follow up nor contact with my employer. so he might not respond to my RFE)

2) USCIS is not satisfied with our evidence to the RFE.

Even in this condition, can any employer (xyz) file H1B CAP Exempt petition later point of time?

Will this H1B denial with employer (A) effects, H1B processing with other employer (XYZ)?