h1 transfer before approval ? (please reply...I am very tense)

G

gte695h

New Member
Hi Everyone,
I would really appreciate your inputs on this, I am losing sleep.

I filed under the advanced degree cap (M.S.) and am currently on OPT (till Jan2007). I filed my application through a desi consulting company. My application was received on July 10th for regular processing (eac-06-207-XXXXX). Now I've got a job offer from a good company and want to switch. But currently I am currently working for a desi consulting firm (on my OPT), I started my project in sept, so will have atleast 1 pay stub by oct 15th.

Can I transfer my H1b to the new company before it gets approved. Currently it shows my status as "processing". Any ideas around what time are approvals coming for receipt date of July 10th 2006??

what documents will I need to transfer my H1, because I am not sure if the desi consultant will let go of them easily.
 
gte695h said:
I filed under the advanced degree cap (M.S.) and am currently on OPT (till Jan2007). I filed my application through a desi consulting company. My application was received on July 10th for regular processing (eac-06-207-XXXXX). Now I've got a job offer from a good company and want to switch. But currently I am currently working for a desi consulting firm (on my OPT), I started my project in sept, so will have atleast 1 pay stub by oct 15th.

Can I transfer my H1b to the new company before it gets approved. Currently it shows my status as "processing". Any ideas around what time are approvals coming for receipt date of July 10th 2006??

what documents will I need to transfer my H1, because I am not sure if the desi consultant will let go of them easily.
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gte, sadly, I dont think that you can apply for transfer before you get your h1. but do keep us imformed when you get your H1

from what i understand, you dont need any extra documents to apply for transfer other than copy of pay check and copy of your H1. This is in addition to all the documents you gave for original H1 application.

If there is someone knowledgeable regarding these rules, please post your views.
 
hi bronxbombers,
I talked to a lawyer and like you said that once the approval comes through only then is it feasible to transfer the h1.
the other thing is that even if you dont need to get the I-94 document from your previous employer (which he is supposed to release to you by the way), a copy of that would do for transfer. In the worse case without that copy, you could still file for transfer as USCIS has your records based on your receipt no.

As for the paysubs in my case, since I am on my OPT right now and my h1 start date would be jan next year, i technically dont even need paystubs to transfer the h1.
I fortunately would have a few already before that though...

My receipt date was July 10th
vermont regular processing (advanced degree quota)
receipt no: eac06207*****

as of now still waiting...
 
gte695h said:
hi bronxbombers,
the other thing is that even if you dont need to get the I-94 document from your previous employer (which he is supposed to release to you by the way), a copy of that would do for transfer. In the worse case without that copy, you could still file for transfer as USCIS has your records based on your receipt no.

As for the paysubs in my case, since I am on my OPT right now and my h1 start date would be jan next year, i technically dont even need paystubs to transfer the h1.
I fortunately would have a few already before that though...

receipt no: eac06207*****

as of now still waiting...
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gte, thanks for the info...

couple of things i didnt understand..

1) I-94? Is the visa document called I-94 as well? I remember that the receipt attached to the passport during entry to US?

2) Even though your OPT expires in jan, your lawyers may have asked for your H1 to start earlier. you might want to check on that.

I would also like to request other people on this forum to post their receipt date and approval date as they receive their approval.
 
Hi Bronxbomber,
I got my approval today!
Yes you are correct I-94 is the tiny piece of paper stapled to our passports when we enter U.S.

Apparently when you get the H1 permit, you get an approval notice called form I 797 and at the bottom is a new I-94 attached.
I guess since the visa status changes (in my case from F1 to H1) a new I-94 is attached. This is what you could probably use to go out of the country and get your H1 visa stampled.

I doublechecked, and apparently my start date is from Dec 14th, so thats still ok, as I wont be losing much of my OPT period (just 1.5 months)

Good luck to you in the process.
 
gte695h said:
Hi Bronxbomber,
I got my approval today!
Yes you are correct I-94 is the tiny piece of paper stapled to our passports when we enter U.S.

Apparently when you get the H1 permit, you get an approval notice called form I 797 and at the bottom is a new I-94 attached.
I guess since the visa status changes (in my case from F1 to H1) a new I-94 is attached. This is what you could probably use to go out of the country and get your H1 visa stampled.

I doublechecked, and apparently my start date is from Dec 14th, so thats still ok, as I wont be losing much of my OPT period (just 1.5 months)

Good luck to you in the process.
Click to expand...

hey gte.. great news man.. do keep posting here updating on your situation about when you get H1 in hand etc etc
 
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