CAN I get Transfer on a Approved H1B ?? (Without Starting to work on that H1B) ?

D

doc_007us

Registered Users (C)
Hello Everyone,


SUBJECT: CAN I get an H1B Transfer on a Approved H1B ??? Without Starting to work on that H1B ?

Dear Friends and Professionals,

I am currently on OPT, which Expires in Jan 2008.

Hopefully, my H1 shall be approved to Start in Sept 2007 as soon as I Pay the Premium Processing Fee Now.

I filed the H1B through a University. My H1B status will start from September and in the meantime I am getting calls full time job wanting to transfer my H1B to Industry.


I finally found out by witnessing 2 cases that H1B in Academia (Non-profit) can be transferred to Industry.



1). If in case I manage to get the full time job before September 2007, can my already approved H1B visa be transferred to other employer before September ?? ( I am asking that can the H1B be transferred


2). Do I need to be already working on H1B first, and then get a few pay checks, and then only I can get the transfer. ???


I am getting mixed responses about whether I can get the transfer on pre-apprived H1B before begging working on H1B or not.




3). Is it true that I have to have Pay Stub for at least last three months ????
I have those Pay Stub because I am working on OPT. ( I am in USA since past 7 Years and I am paying SSN and Medicare Taxes on OPT, which normally people do not Pay).


I am working on the same position on my OPT Currently. Therefore, I have the Pay Stub which I am getting every month as I am working on my OPT.

Do I still need Pay Stub’s for three Months after I start working on a H1B ?? in Spet of 2007 ?



IN SUMMARY: My QUESTION is:

CAN I get an H1B Transfer on a Approved H1B ??? Without Starting to work on that H1B ?

The Companies and Recruiters Do not know these answers and they expect me to be able to start work ASAP on my OPT. Therefore, I come here for help.


I DO NOT know the answer to this and I will much appreciate any Input anyone can give.



CAN SOMEONE………. PLEASE …….. PLEASE …. Throw some light on this Issue.


Thanking you,


Kind Regards.
 
If your H1 is cap exempt, you need new quota to apply for industry.
The question is, was your H1 counted toward quota ?
 
Cap Exempt Can be transferred

Yes my H1B shall be Cap Exempt, that is why it will start in Sept. 07

What do you mean whether it is counted towards Quota ?
(to best of my understanding Cap Exempt H1B is never counted towards Quota).

However, I have witnessed 2 guys transfer Cap Exempt H1B in the Month of November 2006 and Start working in 15 days.


Please Please describe your thoughts in detail.



IN SUMMARY: My QUESTION is:

CAN I get an H1B Transfer on a Approved H1B ??? Without Starting to work on that H1B ? ( I have 4- 5 Pay Stubs for this position as I am working on my OPT).
 
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doc_007us said:
Yes my H1B shall be Cap Exempt, that is why it will start in Sept. 07

What do you mean whether it is counted towards Quota ?
(to best of my understanding Cap Exempt H1B is never counted towards Quota).

However, I have witnessed 2 guys transfer Cap Exempt H1B in the Month of November 2006 and Start working in 15 days.


Please Please describe your thoughts in detail.



IN SUMMARY: My QUESTION is:

CAN I get an H1B Transfer on a Approved H1B ??? Without Starting to work on that H1B ? ( I have 4- 5 Pay Stubs for this position as I am working on my OPT).
Click to expand...

No, you can not transfer to industry now.
Unless you have been counted toward quota at least once before, you can not transfer your cap-exempt H1 to cap-subject. It is very clearly written in law.

If you have witnessed two cases that cap exempt was transfered to cap subject, ask them to show you the petition.
My guess is it might be marked at the wrong check box mistakenly or they might be on cap-subject H1 before they worked for cap exempt organization.

INA 214(g)(6) & (7)

(6) 2/ Any alien who ceases to be employed by an employer described in paragraph (5)(A)shall, if employed as a nonimmigrant alien described in section 101(a)(15)(H)(i)(b) , who has not previously been counted toward the numerical limitations contained in paragraph(1)(A), be counted toward those limitations the first time the alien is employed by an employer other than one described in paragraph (5).


(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
 
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Were Never On Cap-Subject H1B

1. What do you exactly mean by marked at the wrong check box mistakenly ??


I am 100 % Sure that they were never on Cap subject H1B. They started working on OPT and always on an Academic H1B in the Year 2002.

and Transfer was in 2006 November.


2. Could their H1B in 2002 in Academics under a CAP ???

(I think Academics were under a Cap sometimes in 2000 for like 6 Months, but not in 2002).
 
doc_007us said:
1. What do you exactly mean by marked at the wrong check box mistakenly ??


I am 100 % Sure that they were never on Cap subject H1B. They started working on OPT and always on an Academic H1B in the Year 2002.

and Transfer was in 2006 November.


2. Could their H1B in 2002 in Academics under a CAP ???

(I think Academics were under a Cap sometimes in 2000 for like 6 Months, but not in 2002).
Click to expand...
1. If they marked the checkbox indicating they were under cap before, CIS may approve mistakenly.
if they were never on cap H1, that is only explanation i can find.

2. I don't know. Probably it was exempt even then.

I have posted full sentense of the law and it is pretty clear, but here is another link if you still have doubt. The person with name "operations" is Mr. Khanna himself.

http://www.immigrationportal.com/archive/index.php/t-118921.html
 
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my opt card is valid till DEC 2007. I started my first job on FEB 2007 and applied for h1b for master's quota on april 1st.
in may 2007 i got laid off and got another job so right now i am working with new employer.
now I got h1b approval for previous employer which will be effective on october 1st, 2007.
right now i am working with new employer on my opt.
now my questions is can i file for h1b transfer now for new employer or i can apply for h1b transfer on october 1st, 2007.
I am very confused now so please help me what to do now in this situation????
Please help me!!!!!!
 
Similar Situation - Job Hopper

I am in a similar situation - changing employers from exempt to non-exempt. However, I've worked for non-exempt employers before (counted in a H1 - Master's cap). Now, once the new company files for a transfer, even though I am transferring from an exempt to a non-exempt H1 and all H1s are filled up for 2007, my transfer should go fine?

Thanks in advance.
 
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