Single day work on my H1

S

simphony80

New Member
Dear Mr. Khanna,
I am on my OPT right now and some Company A is ready to apply for my H1B, though I am NOT working with them now. I have the following questions regarding my H1B application.
1. Say Company A applies for my H1 and requests a start date of 12 October 2004. Then does the company need to show that I am their employee currently..? I mean do I have to be on their pay-roll currently, to be eligible to get H1B for Company A?
2. Assuming my H1B with Company A is approved and the quota for Oct, 04 to Oct, 05 is OVER. Say Company B is ready to hire me today.. I know that I can work on my OPT until October 12, 2004 (the start date of my H1 with Company A).. But if I want to keep continue working for Company B, can I ask for H1 transfer without working for Company A even a single day (As mentioned, I am NOT working with Company A currently)?? If it is not possible, then what is the way I can keep working for Company B on a H1, in case the cap is already over??
I really appreciate your help in this regard.

Thanks,
Sameer
 
Originally posted by simphony80
Dear Mr. Khanna,
I am on my OPT right now and some Company A is ready to apply for my H1B, though I am NOT working with them now. I have the following questions regarding my H1B application.
1. Say Company A applies for my H1 and requests a start date of 12 October 2004. Then does the company need to show that I am their employee currently..? I mean do I have to be on their pay-roll currently, to be eligible to get H1B for Company A?

+++++++++++++++++No.

2. Assuming my H1B with Company A is approved and the quota for Oct, 04 to Oct, 05 is OVER. Say Company B is ready to hire me today.. I know that I can work on my OPT until October 12, 2004 (the start date of my H1 with Company A).. But if I want to keep continue working for Company B, can I ask for H1 transfer without working for Company A even a single day (As mentioned, I am NOT working with Company A currently)?? If it is not possible, then what is the way I can keep working for Company B on a H1, in case the cap is already over??
I really appreciate your help in this regard.

++++++++++++++++++++I think it is possible to do this. But so far there is no law on these issues.
Thanks,
Sameer
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Hi

I am in a similar boat. Currently I am working with a company X. My current OPT expires on May 15th. Another company Y is willing to sponsor my H1 (the start date of my H1 with company Y will be Oct 1). Do you know for sure that I can work with company X till Oct 1?

Do let me know

Thanks

Palma
 
Originally posted by palmapry
Hi

I am in a similar boat. Currently I am working with a company X. My current OPT expires on May 15th. Another company Y is willing to sponsor my H1 (the start date of my H1 with company Y will be Oct 1). Do you know for sure that I can work with company X till Oct 1?

Do let me know

+++++++++++++++No you cannot. You can only work till May 15.

Thanks

Palma
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