OPT H1B Very Urgent

[vgnfw190]

Hi I am currently working as a contractor at a client from company C1
C1 applied for my H1B last year and application is still pending + also added Premium Proc. last week, Application Still Pending
At the same time company C2 applied my H1B last year and H1B approved but did not get the documents from USCIS, and applied for "Response on Approved Petition", That is still pennding(But Yes The petition is approved)
But Fortunately or Unfortunately , I got a permananent job with a new company.
I can start working with that company on OPT, and he will apply a new H1B this year.

But , Instead of that Can I get one of my H1Bs transferred?
Or is there a better way to handle this situation?

I know its a mess... Can some one suggest me how to clear this mess?
Also

I dont have paychecks with Company C2
I am currently working with Company C1
Company C2 applied on Consulate Processing, So basically I need to get it stamped before starting H1B.
I heard there are 2 documents on approval, Employer Copy and Candidate Copy. C2 Employer did not receive the Candidate Copy and he applied for I824 to take action on approved petition. That I824 is pending.
How can I do the transfer without
1) Not Having single Pay Stub from C2
2) Without having Employee Hard Copy of approval?
At the same time C1 Premium processing H1B is pending , there were LUDs last week.

Please let me know the process of transferrring H1B in this regard.

[vgnfw190]

please reply on this

[txh1b]

Was any of your H1b approvals a Change of Status? If so, you are in deep mess as your OPT is void ever since the approval went through and you have worked illegally.

You do not need paystubs from C2 if it was not a COS. Read the FAQs. All you need is proof of H1b approval or the receipt print out from online case status to prove that you were cap counted.

[vgnfw190]

Hi txH1B Thanks a lot for replying , Please read beow...
My COS is not yet approved..
My Consulate Proc is approved

Here is my situation.
On April 1 2008,
Company C1 applied my H1B , Change of Status from F1 to H1B , Regular Quota
Company C2 applied my H1B, Consulate Processing, Regular Quota

Regarding C1 :
-I have been working with C1 since 2 years now and I have all the pay checks
-C1 received RFE in July 2008 and RFE replied within 2 weeks, Case Pending
-C1 applied for Premium processing on Jan 15 after long wait of pending
-3 LUDs on 3 consecutive days in the last week.
- Case still Pending

Regarding C2 :
- H1B applied on Consulate Processing, So basically it means I need to get it stamped to start my H1B
- I dont have any paychecks with C2
- C2 H1B approved in August , after RFE
- Twist : Employer received only Employer copy of H1B approval and not the copy that is given to the candidate.
- I have the scanned copy of Approval, that Employer received.
- In October 2nd week, C2 applied for "I824, APPLICATION FOR ACTION ON AN APPROVED APPLICATION OR PETITION" to get the candidate approval copy.
- I could not go for stamping because of that to start my H1B.
- So basically waiting on that

Current Situation
Company C3, reputed Software Company
- offered me a job
- I have OPT to work with them.
- But I also want one of my H1B to be transferred... I dont know how to do that
- If the H1 transfer is not possible, I must ask them to wait till april to apply new one , which is not possible.

I am looking for a solution, on how to handle this
Q1) Will I be able to transfer my approved H1B from C2 to C3 ,
Q2) Will C3 be able to apply COS for H1B transfer from C2 to C3 and change my status from F1 to H1B
Q3) I cannot get paychecks from C3 because I never worked with them, and moreover it is Consulate Processing H1B, so it is not required to have Paystubs before getting stamped.
Q4) Shall I wait and see what happens to my C1 Premium Processing?
Q5) Ultimately : What is the best solution to handle this?

[txh1b]

1. Yes
2. Yes
3. I already explained. Paystub is needed if you hold the H1b status with them. If not, it is not needed. Read the FAQS.
4. Not required. C3 can move forward.
5. No brainer. Have C3 file for H1b transfer with PP. Use the scanned copy as proof of H1b approval.

[vgnfw190]

Hello txH1B,

It was very relieving after seeing your answers.
Last question.

When C3 applies for H1B transfer on Premium processing.
There are few things to consider

1) What if before C3 Prem Processing , C1's COS gets approved?
2) Also , Does C3 has any potential of getting RFEs
3) If C3 H1B transfer is denied, Will I loose C1's approved petition also?


Thank You

[vgnfw190]

The reason I am asking is...

With the current economy , You can see many transfers are getting denied..

C3 is a big company but not in the Fortune 500, and also not a startup.

It has 900 employees.. and its parent has 70,000 employees.

Thanks

[txh1b]

1.Not a problem as you are already working for C1, you continue to work for C1 until C3 gets approved on H1b.
2. No one can tell.
3. Each petition is independent.

[vgnfw190]

Hi TxH1B,

Thank You for your reply

For the last questions you said

- Each Petition is Independent

But my question was not petition specific.

My curiosity is,

If a companyA initiates a transfer from another CompanyB, and transfer gets denied.... Will I loose companyB H1B also or do I still retail CompanyB H1B?

Thanks a lot for answering my other questions..

Thank You

[txh1b]

Each petition is independent answers that question. You can continue to work for other employer if their petition is valid. Did you read the FAQs?

[vgnfw190]

Hi txH1B,
Now I read the FAQ, Almost everything is very clear to me.

But 1 more curious questions

If the new CompanyA transfers my H1B now from CompanyB , and later after 1 or 2 years.. If Company A lays off... Can I immediately start working for CompanyB, I am eligible to work for CompanyB after that? or do I need to apply for a new Transfer?

Thank You.

[vgnfw190]

Sorry the question was

Am I eligible?

[txh1b]

You could join them if the I-94 remains valid for B and the number matches the white I-94 you have. If B got you a CP petition, you have to travel and return on their I797 to work for them.