H1 Transfer before October

K

kr1979

Registered Users (C)
Hi, I am currently on OPT visa, and my H1 has already been approved. I filed the H1B through a consultant, and I am not bound by a contract with the consultant. My H1B status will start from October, and in the meantime I am looking for a full time job.

If in case I manage to get the full time job before October, can my H1B visa be transferred to this employer before October i.e. is it possible to start working for the full time employer right away from October itself.

The consultant who filed my H1 doesn't have a problem with the transfer if I get a full time job elsewhere, but I am getting mixed responses about whether I can get the transfer or not. Some told me that I need to be on H1B first, and then get a few pay checks, and then only I can get the transfer. Other few told me that I can get the visa transferred even before I am on the H1B status since the H1B is already approved. So I will really appreciate if someone who has a better idea of this situation can guide me as to what are the possibilities.

Thanks a lot in advance..!!
 
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As far as i know, one has to have the pay stub for the last three months in addition to the other paper works requred to request the transfer of H1B.

mukesh
rahasiam.com
 
Hi mukeshinmd, thanks for your input.. But are you sure about this? I am aware of the fact that if I want to get a transfer after October (that is when I come on H1B status), I definitely need to have a few pay stubs along with other papers. But what if I wish to file for a transfer before October? My situation is that before October, I will be on OPT visa (a visa granted to F-1 students for 1 yr after their Masters' completion) and from October onwards I will come on H1. Let me put this in an example format...

Currently, I have a visa sponsored by company X, and I will come on the H1B status from October. Now if I get a job with company Y say in June, and if I start working for the company from June itself (which I certainly can, since I am on a valid OPT visa), can the company Y file for my H1B visa transfer before October (say in July or August), and get the visa transferred under their name (company Y's name) before October itself? And if this can be done, what papers do I need to furnish to the company Y's lawyer in order to facilitate him in getting the transfer done..

Once again, thanks a lot for all your inputs, as well as to all the other people who can help..
 
PLEASE REPLY - I have the same Question.

SOMEONE PLEASE REPLY to kr1979's thread - I have the same Question.

PLEASE.
 
IMO, you cannot transfer H1 untill you are actually on H1 status. Following may be a possibility:
File a new H1 from new company with start date of OCT 07 and show that you have already been counted towards the H1 quota. Your current H1 approval will be a proof that you have been counted in quota.
 
I remember that someone transfered before Oct last year and he reported it here.
But most of knowledgeable person like UN and even some lawyers posting on this board mentioned it was not possible, so his case might be some kind of mistake.
You can search it here.
 
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h1 transfer

I also have same situation of h1 transfer before oct2007.
I already started my new job and i am waiting for guidence whether to file for h1b transfer now or on oct2007.
the thing is i have already left the previous company so i can not get the pay stub from now.
so pleas anybody help us.
 
parindpatel said:
I also have same situation of h1 transfer before oct2007.
I already started my new job and i am waiting for guidence whether to file for h1b transfer now or on oct2007.
the thing is i have already left the previous company so i can not get the pay stub from now.
so pleas anybody help us.
Click to expand...

How come your situation is the same?
The OP has a H1 that will be valid from Oct 07 where as you are already working on H1.

Explain your situation in more detail and someone will help you.
 
i am working on opt right now and because of that only i can change an employer.
i will b on h1 after oct 1st 2007.
but the thing is that h1 is for previous employer and right now i am working with new employer so after from now i will not be working with the previous employer.
so i have to had my h1 transfered for new employer but i am confused that can i do that right now or i have to wait till oct 1st.
 
same problem-transfer h1 before Oct

I have the similar situation now. I am still in OPT.
I just got laid off 6/4 without any pre notice by my prior employer.
He sponsered me H1b this year and I just got the approval notice on 5/20.
My Q is:(6/22) Now I already find another similar job position in another company. And the company is willing to sponser my h1b transfer right away. Will it has problem to transfer if my prior employer let the government know that I already left the company?
My prior employer is asking me to return my H1b approval notice to them becasue he told me it is illegal for me to keep the approval notice and the government need to cap back.(Since it is not effective yet)
I dont know what he said is true or not because his company is immigrantion service. Is it possible that he wants to take my cap back and sell it to other clients?

I will be very appreciate if someone can answer my Q.
thank you,
 
I think what company said was true. If I remember correctly, they set a regulation that all the employer needs to report it to USCIS when H1 beneficiary has left the company, though a lot of employer is not following the rule.
you have to talk to lawyer immediately and seek advice whether you can transfer H1 now.
 
Still confusing

I asked several lawyers and got some different answers.
One said he can help me to transfer ASAP if I find a company to sponser me now. One told me he can help me to transfer if I got laid off in two months. And one said I cannot transfer before October 1.

I am kinda confusing now.
 
you won't be able to get definitive answer here.
The law says once beneficiary gets counted toward the quota within last 6 years, s/he won't be subject to quota again. The question is what is "counted toward quota" means. Is that considered counted once H1 is approved, or once H1 start date has reached ? It's tough to say for us.
 
H1B transfer prior to Oct 1st 2007

Hello.

Am on a CPT now, did not graduate, my H1B got approved in the general quota. It would start Oct 1st 2007. Can I change jobs before then?

Its the same problem. From the posts does the new employee have to find this out if they want to offer me a job.

-
R
 
kr1979 said:
Hi, I am currently on OPT visa, and my H1 has already been approved. I filed the H1B through a consultant, and I am not bound by a contract with the consultant. My H1B status will start from October, and in the meantime I am looking for a full time job.

If in case I manage to get the full time job before October, can my H1B visa be transferred to this employer before October i.e. is it possible to start working for the full time employer right away from October itself.

The consultant who filed my H1 doesn't have a problem with the transfer if I get a full time job elsewhere, but I am getting mixed responses about whether I can get the transfer or not. Some told me that I need to be on H1B first, and then get a few pay checks, and then only I can get the transfer. Other few told me that I can get the visa transferred even before I am on the H1B status since the H1B is already approved. So I will really appreciate if someone who has a better idea of this situation can guide me as to what are the possibilities.

Thanks a lot in advance..!!
Click to expand...

Hi KR1979

Can you give me Consultant name and Phone no.

Planning to Apply H1 next year - getting ready well in ADVANCE

Thanks
 
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