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H1 transfer on OPT

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  • H1 transfer on OPT

    I am currently on OPT. I got my H1 approved from Company A and I want to transfer my H1 to Company B. If Company B applies for transfer with premium processing on Sep 30, 2008, I will be able to get my final decision within 15 calendar days, that is, on or before Oct 15, 2008.

    My questions are:

    1. Will I be out of status from Oct 1, 2008 to Oct 15,2008, as my H1 start date will be Oct 1 and my joining date with Company B will be Oct 16?

    2. Should I wait till Oct 16 to join Company B or can I start working for them as soon as I get my H1 transfer receipt?

    3. How long does it take to get the receipt after applying for H1 transfer?

    4. Do I need to have paystubs from Company A for Company B to process my H1 transfer?

  • #2
    1. Yes. You can possibly begin work on Oct 1st using AC21.
    2. You should join immediately after Oct 1st to avoid out of status period.
    3. You dont need a receipt to begin work. A proof of delivery to USCIS is good enough.
    4. Not if done before Oct 1st.

    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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