H-1B Transfer

M

mmh

Registered Users (C)
I have recently graduated from a U.S. school with a
Bachelor degree in Accounting. Currently I am under my
OPT status. Company "A" sponsored my H-1B and it got
approved last month. However the approved H-1B will not be
effective till early October. That company also wants me
to start from October. So I am into Company A's payroll yet.

Last week, I got a better job offer from company "B"
and they are willing to sponsor me H1-B as well.

My questions are:

1. Do I need to submit a complete new H-1B Application from Company "B"
or since I already have an approved H-1B for Company "A", I can just
transfer it to the new employer? I am concerned about
the transfer issue because my H-1B will not be
effective till October.

2. Since I already have an approved H-1B from Company "A"(but it's not
effective till October 2005), in my case, will I fall
under H-1B Cap when I will apply for H-1B from Company "B"?

3. If company "B" lays me off or I get a better job
offer at Company "C" at some point of time and
suppose H-1B CAP is alredy filled out for that particular year; will
I fall under H-1B CAP if company "C" sponsors me H-1B?
 
mmh said:
I have recently graduated from a U.S. school with a
Bachelor degree in Accounting. Currently I am under my
OPT status. Company "A" sponsored my H-1B and it got
approved last month. However the approved H-1B will not be
effective till early October. That company also wants me
to start from October. So I am into Company A's payroll yet.

Last week, I got a better job offer from company "B"
and they are willing to sponsor me H1-B as well.

My questions are:

1. Do I need to submit a complete new H-1B Application from Company "B"
or since I already have an approved H-1B for Company "A", I can just
transfer it to the new employer? I am concerned about
the transfer issue because my H-1B will not be
effective till October.

You can not transfer your H1 though it come with I 94 at the bottom of approval, because that H1 only valid only after 1 Oct 2005. However , since you are in status F1/OPT you can try H to H transfer if it is not approvable, you will get new H1 (which is under 2006 quota).


2. Since I already have an approved H-1B from Company "A"(but it's not
effective till October 2005), in my case, will I fall
under H-1B Cap when I will apply for H-1B from Company "B"? YES, if it is new h1
3. If company "B" lays me off or I get a better job
offer at Company "C" at some point of time and
suppose H-1B CAP is alredy filled out for that particular year; will
I fall under H-1B CAP if company "C" sponsors me H-1B?
Click to expand...

After Oct 1, your visa from A or B will be effective , after that date transfer will not count under any quota. You can switch , every month one company. Can't you think your career will in jeopardy if you jump too many company in the initial stage?
 
thanks

Thank you so much for the reply.

Is there any time limit before I can apply for a transfer of my H-1B? Suppose, my H-1B becomes effective for Company A on October 1st, how soon can I apply for a transfer to Company B.
 
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