OPT once H1B is approved

[priyankaya114]

Please help.

I completed my Masters degree from a U.S. University in Dec 2006. I am on my OPT right now which expires in Feb 20008. I have an approved H1B effective from Oct 1 2007.

I have a doubt, what happens to my OPT once H1B is approved.
Can i work for a company on my OPT for 2 months or so and then start working after the 2 months, for the company on which my H1B was approved.

Thanks a lot for your help in advance.

[topcatin]

Once your status changes to H1, OPT becomes void and you are now on H1. When you are on H1 you have to work with the employer who filed your visa.
There is no choice of working on OPT for 2 months and then switching to H1.
When you have filed your H1 and it's start date is oct1st 2007,your status automatically changes to H1 and OPT is no longer valid.

[priyankaya114]

Thanks topcatin

Thanks topcatin.

My Situation:
------------
I completed my Masters degree from a U.S. University in Dec 2006.
I applied for H1B through a Consulting Company in April 2007, which was approved and is effective from Oct 1 2007. I paid for the H1B Processing.
I have been working from May 2007 till now for American Company on my OPT, which expires in February 2008.

Can i transfer my H1B from Consulting Company to American Company before Oct 1 2007?
I have the pay stubs from American Company from May till now.
I heard it is possible.

If it is not possible, how long i have to work for the Consulting Company before applying for H1B transfer to American Company.

[topcatin]

Hmm do you have the approval in hand? Has this indian-consulting company showed you the approval notice and document?
Best is to stick with the American Company. I have worked for a consulting company and they fooled around a lot. First, they should pay for your H1 not you.
Second:
I dont know whether they have given you the original document.For me they lied that they filed and nothing was done.

Most important: They **** your resume and you have to work with that.

Yes you can do your h1 transfer. If he really has done the H1, ask him the document and tell him that you are goign to india for stamping. Get hold of a immigration lawyer or the American Company should have a lawyer, do the transfer...go to India and stamp it.
NEVER WORK FOR THESE CONSULTING CLOWNS. They do all this nonsense and give you late paychecks.no insurance nothing.
I would say just stick with this american company and get your transfer ASAP. I highly doubt whether this consulting company has done your H1.If you have atleast the xerox copy of the H1 I will believe.Other than that these guys may have not done it. Why didnt your American company do your h1?

[priyankaya114]

Thanks topcatin

Thanks topcatin.

By the time i got hired by the American Company in May 2007, the H1 Master's Quota was filled. I applied with the indian consulting company in April 2007 because the H1 quota was getting filled.

They gave me the receipt number and i was checking online until it said petition approved. Then the consulting company contatcted me that my H1 was approved. I asked the consulting company for the H1 approval. Do you any suggestions as to how i can get my H1 approval from this indian consulting company?

Thanks a lot for your advice.

[topcatin]

To get your document you should ask the consulting company. He cannot say " it is company's property and it has to be confidential". It is your application and you have full right to own it irrespective of whether he paid or you paid for the H1. Call up dept of state(it may take a minimum of 20 minutes to get to speak to someone but its worth the wait!) and you speak to a representative and give them your reciept no. Ask them who the petitioner is and the applicant's name which should be yours.

Best is to stick with the American Company. I have worked for a consulting company and they fooled around a lot. First, they should pay for your H1 not you.

Most important: They **** your resume and you have to work with that.

Yes you can do your h1 transfer. If he really has done the H1, ask him the document and tell him that you are going to india for stamping. Get hold of a immigration lawyer or the American Company should have a lawyer, do the transfer...go to India and stamp it.
They give you late paychecks.no insurance nothing.
I would say just stick with this american company and get your transfer ASAP. When the American company couldnt get the H1 how did this guy get a H1 when the CAP was reached? To check the credibility ask him the reciept no and photo-copy of it and call up dept of state. Biggest mistake is joining a indian-consulting company. I understand you need H1, there are other options too like joining a non-profit or universities...they dont come under the CAP exempt. They can employ you immediately.For example your OPT expires Feb 2008. They can start your H1 now and have an H1 start date of Dec 1st 2007 or even Jan 1st 2008 and you can just work for them on OPT while your h1 is under process.H1 approval from such organizations are fast.They dont have to wait for Oct 1st and they are CAP exempt.Have this is as a last resort if your current American org is not willing to spend on H1. But working for a non-profit or uni is 10000 times better than a indian-consulting company. The consulting fellow will show you an attractive pay which may be more than the american company.But it is a pain, they dont pay what they promise and then late pay-checks. I know people who get their pay-checks a month and a half late. I used to get mine 15-17 days late. Remember pay is not the goal when you start off. Stable job and experience is what counts. You can always shift once you gain experience.But I suggest check with dept of state and check for details, you will be able to check who filed and when.And you can cross check with the consultant. And find out from your american company's lawyer whether you can do a transfer now itself. I dont see a problem in doing it now. I went through garbage...just doing my best to make others not joining these stupid clowns( indian-consulting companies). All the best.

[priyankaya114]

Thanks a lot topcatin

Thanks a lot topcatin for your detailed answer.