H-1 Transfer While Still on OPT

E

einhander

Registered Users (C)
Greetings,
Thanks in advance for your help.
My friend is on OPT valid till Feb 2007. Her former employer filed for H-1 in June 06. She lost her job in early July but she still hasn't heard anything on the status of her H-1 application.
Now she is getting offers from other companies who are willing to TRANSFER HER VISA but can't file for a new one because the quota is over?

What is the best thing to do for her?

Kindly advise.
Thanks :confused:
 
No she can not file transfer because she is not H1 status yet. She needs to wait for H1 start date, becomes H1 status, get 2, 3 paystubs, then she can safely transfer.
 
Hi there,
Thanks for your input.
The H-1 start date on her application is Jan 2007. She's lost her job already. So how can she get the 2 -3 pay stubs.
Please advise.
Thanks,
 
If H1 sponsor won't hire her, that is going to be a problem as she can not maintain h1 requirement after Jan 07. The best she can do is filing transfer immediately after she becomes H1 status. Hopefully, USCIS won't bother her why she transfers H1 so soon.
 
Hi,
Thanks for your reply. I am a little confused here.
I don't quite understand what you mean by H-1 requirement.
Let me explain her situation again.

She is currently on OPT. She got hired by Company A in April 06. In June 06,
company A filed for her H-1 with a start date of Jan 07.

In July 07, she got laid off from company A. In the last week of July the quota for visas is over for 2007.
Now she's come across company B which DOES NOT SPONSOR NEW VISAS BUT TRANSFERS VISA. So my question is, even though her Visa Application is Pending approval from company A, can company B transfer her Visa ?
Many thanks in advance for your help.
 
H1 transfer can be done ONLY if she is on H1 status. She is now OPT, not on H1 status(having approved H1 does not mean she can transfer it).

B can not transfer her H1 at this moment. They can do that after Jan 2007.
 
Thanks for the reply.
So what do you suggest she do now? Because company B cannot file for new h-1(as quota cap is reached)
Thanks,


H1 transfer can be done ONLY if she is on H1 status. She is now OPT, not on H1 status(having approved H1 does not mean she can transfer it).

B can not transfer her H1 at this moment. They can do that after Jan 2007.
 
If she wanted to transfer(instead of applying new), only way is filing transfer after Jan 07. She might be asked paystubs which she can not provide, then she may get approval without I-94 attached to approval notice, and then she must travel to get H1 stamp.
 
Hi there,
It's been a while since we have connected. I need your help again please.
So my friend finally managed to get a job and even somebody to transfer her visa. But here's another glitch!! She got a letter from USCIS requesting more evidence for support of her application with the old employer. Now to fulfill that, she needs pay stubs of her former colleagues and her old employer to sign her application. The lawyer feels they won't do that and says the only option she has is to go back to school to avoid going out of status.
Is that the only option available?

Can she change her visa to visitor status and still remain in the country ?

Many thanks in advance for your help.
 
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