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H-1B Transfer Before Approval...Please help!!

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  • H-1B Transfer Before Approval...Please help!!

    I am a student on OPT. In April, I filed my H-1B using a consultant company. I have not started working for the consultant company yet. Now, I
    found a job in my field and have a job offer and want to transfer my H-1B. I have the following questions:

    1. Can I file a transfer for H-1B with my new company before my H-1B is approved?
    2. Can I file for a transfer without pay stubs since I am on OPT and have not started working for the consultant company?
    3. If my consultant company cancels my H-1B after it is approved will my status automatically go back to being on OPT since I have not stamped H-1B and my OPT is for 12 months.

    Any help here will be highly appreciated. Thank you.

  • #2
    Look up and read other similar posts. There are couple of them.

    1. No
    2. Yes
    3. No. Once H1b is approved, OPT/F1 is invalid past the H1b start date. You don't fall back into your previous status in any dealings with USCIS if your current status is invalid. You will become out of status and illegal.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Thanks for the reply. Any link to the earlier other posts on this topic will be highly appreciated.
      Thanks.

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