H1 Transfer

S

Shanbhag

New Member
Hi,
Am on OPT which ends last wek of Aug 2004. I already have my H1 approved by my current company Starting Aug 1st. i got an offer for a perm Job so would liek to knwo if i can tansfer my H1 to the second company even if its not in effect or would ihave to wait till Aug and then apply for transfer. need help urgent

thanks
Shanbhag
 
Originally posted by Shanbhag
Hi,
Am on OPT which ends last wek of Aug 2004. I already have my H1 approved by my current company Starting Aug 1st. i got an offer for a perm Job so would liek to knwo if i can tansfer my H1 to the second company even if its not in effect or would ihave to wait till Aug and then apply for transfer. need help urgent

thanks
Shanbhag
Click to expand...

++++++++++++++I think you can transfer now because you were charged to FY 2004.
 
Similar situation

Thanks Rajiv for the clarification regarding the transfer. But someone I know who is in a similar situation was advised to "wait" to apply for the transfer until the H1 visa goes into effect (until the starting date of the approved visa - in his case - about 2 months), and also, maybe to wait further - until a few paystubs are obtained from the current employer. I totally understand the logic behind getting current paystubs.

But would you advise (and think it is possible) to apply for the transfer right now, since he does have a valid H1 visa approved from USCIS, only difference being that he hasnt started working for that employer.

If he needs a visa for the new employer, Would you suggest applying for a transfer of H1, or apply for a new H1 - which should be cap exempt in my opinion, as he already was already counted against the cap for his current H1.

Thanks
 
Re: Similar situation

Originally posted by vishsh
Thanks Rajiv for the clarification regarding the transfer. But someone I know who is in a similar situation was advised to "wait" to apply for the transfer until the H1 visa goes into effect (until the starting date of the approved visa - in his case - about 2 months), and also, maybe to wait further - until a few paystubs are obtained from the current employer. I totally understand the logic behind getting current paystubs.

But would you advise (and think it is possible) to apply for the transfer right now, since he does have a valid H1 visa approved from USCIS, only difference being that he hasnt started working for that employer.

If he needs a visa for the new employer, Would you suggest applying for a transfer of H1, or apply for a new H1 - which should be cap exempt in my opinion, as he already was already counted against the cap for his current H1.

Thanks
Click to expand...


If the person is maintaining status, I see no need to wait. Transfer. But I would ned to know a lot more about the case.
 
Friend's Case

Thanks Rajiv for your replies.

Here is the history of my friends's case:

i). Entered US on F1 visa in August 2001.

ii). Has maintained valid status on F1 - till date (his F1 is due to expire on July 1st 2004 as soon as his H1 starts)

iii). Currently is working on OPT with Employer A, which is valid until July 15th 2004. Earlier this year, Employer A applied for his H1 which has a starting date of July 1st 2004.

iv). Employer B has offered him a position, much better than his current position with Employer A. He wants to accept Employer B's offer also because his relationship with Employer A has been turning bad. But he does not have work authorization to work for Employer B (after his OPT expires in July). So they are looking at 2 different solutions:

(I). If possible, transfer H1 from A to B, - but they are not sure if they can do this transfer right now (in March/April) or would have to wait until July or later - only once after he starts working for Employer A "on the approved H1" (right now he's still on OPT).

(II). Apply for a new H1 for Employer B, NOTING that he should be cap exempt - since he has already been counted against the 2004 cap earlier when he got his visa approved for Employer A.

They dont care if the H1 for Employer B can be obtained with a current starting date or in July 2004, but they need to get a H1 (either by transfer or new H1) that would be cap exempt since the cap has been reached for this year.

Thanks for your valuable response.
 
rajiv about maintainng status. i am curently on valid OPT till Aug. so yeh i am mantaining (OPT)status. the only problem is My H1 which starts from Aug 1st. all the company lawyers whome ever i spoke to about transfering say that it cant be done til the H1 is in effect. they say its not possible coz i dont have any paystubs on my H1. but have paystubs on OPT. really need help or anyother option i have. thanks for the help
 
Rajiv,

About maintaining status. yeh i am on OPT till August. so i am maintaining status but my h1 starts from Aug 1st. i tried to transfer it the lawers from the company say i cant coz my H1 is not in effect. and thy require paystubs on H1 to transfer it . i am workign with this company on OPT i have paystubs on OPT.
so cant i transfer it now with out H1 being in Effect ?

need help thanks
 
Originally posted by Shanbhag
Hi,
Am on OPT which ends last wek of Aug 2004. I already have my H1 approved by my current company Starting Aug 1st. i got an offer for a perm Job so would liek to knwo if i can tansfer my H1 to the second company even if its not in effect or would ihave to wait till Aug and then apply for transfer. need help urgent

thanks
Shanbhag
Click to expand...

My guess is you can transfer even now. Please correct me if anyone finds me to have been wrong.
 
You must log in or register to reply here.
Top