Currently OPT, H1 approved. Urgent H1 transfer

[tadi18]

I applied for H1(premium processing) this April and just checked my reciept number at USCIS, it is approved. I am currently on OPT and work for employer 'A' with whom my H1 is tied to. I was offerred a better job in a reputed company(client location) and they are willing to transfer my H1. They want to transfer immediately. Is that possible or do i need to wait until Oct1?

Your help is appreciated!

[vamsitalluri]

hi ...Congrats ! for getting H1B for 2009 : i applied for H1B in General Quota so do you have any idea when we guys recive Receipts for general pocessing ..Thanks in advance......

Regards.
Vamsi

[txh1b]

Need not wait. You can ask them to do it now. You need the petition approval copy or a receipt number.

[tadi18]

spoke to USCIS rep. abt h1 transfer

Thanks all for your prompt reply. I spoke to USCIS abt the H1 transfer before Oct1 and he mentioned that I shud wait until Oct 1st to get transferred. The reason he said is that if my empoyer file a transfer petition for me, It would be considered as a new application as transfer can only be done if i am on H1 status. I can only be on H1 status after Oct1.

Please help me if thats wrong.

[txh1b]

Thanks all for your prompt reply. I spoke to USCIS abt the H1 transfer before Oct1 and he mentioned that I shud wait until Oct 1st to get transferred. The reason he said is that if my empoyer file a transfer petition for me, It would be considered as a new application as transfer can only be done if i am on H1 status. I can only be on H1 status after Oct1.

Please help me if thats wrong.

Wrong. Transfer need not have to be initiated after you are on H1b status. USCIS reps that you talk to from the toll free number don't know the rules and the laws. A transfer is nothing but a new petition that is not subject to cap and can be applied upto 6 months before the begin of employment (Just the way you applied on April 1st for Oct 1st start date). It is true that the start date can only be as early as Oct 1st on the transferred petition.

Your new company attorneys should be able to handle it easily.

[jinneebhat]

Wrong. Transfer need not have to be initiated after you are on H1b status. USCIS reps that you talk to from the toll free number don't know the rules and the laws. A transfer is nothing but a new petition that is not subject to cap and can be applied upto 6 months before the begin of employment (Just the way you applied on April 1st for Oct 1st start date). It is true that the start date can only be as early as Oct 1st on the transferred petition.

Your new company attorneys should be able to handle it easily.

Thats true becos I have a similar case. You need I797 copy to apply a new H1b case. Since you have already cleared the cap, u will not be subjected to cap. No payslips required if before Oct 1.
I dont know if you can transfer AGAIN out of this new employer before ur actual stamping. I am stuck with my new employer who did such a transfer amd is now delaying my stamping so that I do not shift.

[txh1b]

I dont know if you can transfer AGAIN out of this new employer before ur actual stamping. I am stuck with my new employer who did such a transfer amd is now delaying my stamping so that I do not shift.

Of course you can. You do not need a visa stamp to transfer again. All you need is proof of your approval (Copy of I797 or the I-94 showing valid status), current paystubs, new offer.

No one can hold you to work against your will by keeping your documents. You need the I-94 to get your DL or your SSN. You can ask for the documents quoting these reasons and employer has to give it to you.

[bobcristo]

H1 B Transfer before the Start Date

I gathered from numerous threads about transferring H-1 before the start date from employer A to B. My question is as follows:

1. I have a receipt number but my employer refuses to give me the approval notice. How am I to transfer the H1 to employer B without the approval notice? The problem is, Employer A ( who happens to be a consulting firm) did not give me any information on the title they applied my H-1 on, thru which company they filed the H-1 ( Through which of their many sister companies). Without these basic information, and having just receipt number, will I be able to still transfer my H-1 to another company before Oct 1?

2. How am I to get a copy of my approval notice using my receipt number? USCIS customer care does not entertain such requests. Any other loop hole?

Thanks!
Bob

[DMX17]

The receipt number does not tell you for sure that the number belongs to your case, if the employer is Shady.

If it is indeed you number, you might be able to use the online status check page (print-out from uscis.gov) to transfer before Oct 1st. I am not sure though as I read that to prove that you were counted one of the following is required: I-797 Copy/H1 I-94 copy/H1 visa copy.

What if you told your employer that you need to for stamping soon?

[rahkrish85]

Transfer H1B before Oct 1st & start working on OPT

I know this is an old thread but I have similar situation.

Working with Employer A on STEM 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.

According to my research and this thread, I understand that Employer B can file for H1B transfer before OCT 1st but my concern is, once the transfer is approved can I immediately start working on STEM OPT with Employer B?

I know that even if H1B is approved, you still are on F1 visa and your OPT is valid till Oct 1st so can I work on OPT with employer B until Sept 30th and then on H1B from Oct 1st?

Seniors please put in your advice on this case.

Thank you

[alirzn]

Hello,

I have a same case with you and wondering if have done the transfer or not?

I know this is an old thread but I have similar situation.

Working with Employer A on STEM 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.

According to my research and this thread, I understand that Employer B can file for H1B transfer before OCT 1st but my concern is, once the transfer is approved can I immediately start working on STEM OPT with Employer B?

I know that even if H1B is approved, you still are on F1 visa and your OPT is valid till Oct 1st so can I work on OPT with employer B until Sept 30th and then on H1B from Oct 1st?

Seniors please put in your advice on this case.

Thank you

[singhsingh]

My friend is in a similar situation- can I get more advice on this ?

Can my friend work on OPT for the 2nd employer before Oct 1st and transfer the H1-B approved from first employer? And start working on H1-B after Oct 1st?

[generalact]

My friend is in a similar situation- can I get more advice on this ?

Can my friend work on OPT for the 2nd employer before Oct 1st and transfer the H1-B approved from first employer? And start working on H1-B after Oct 1st?

I am in a similar situation i am on OPT right now and have not started working yet, Employer A has filed for my H1(approved and starts from Oct-1 st) but i have a very exciting offer from employer B who is willing to transfer my H1B but according to the article i am posting below if i try to transfer before Oct 1st then employer A can withdraw the approved H1B which means i will no longer be under the CAP and the application from employer B will also be rejected!! I am wondering if employer A withdraws my H1B will i fall back to OPT and get to extend it next year under Employer B and also fill H1B again next april??