Transfer H1 without being in H1 status

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nj_skm

Registered Users (C)
My friend is on F1 and will be getting the OPT approved in a few days.

He's also planning to apply for an H1 with company A when the quota opens in April. The earliest this can be valid is Oct 1st, obviously.

Let's say he gets a job offer in June or so from company B. By then all the quota will have been used up.

How can he transfer the H1 from A to B without having worked for A at all? What is a good way out of this situation so that he can transfer the H1 as and when he gets a job offer?

Thanks,
nj_skm
 
nn
nj_skm said:
My friend is on F1 and will be getting the OPT approved in a few days.

He's also planning to apply for an H1 with company A when the quota opens in April. The earliest this can be valid is Oct 1st, obviously.

Let's say he gets a job offer in June or so from company B. By then all the quota will have been used up.

How can he transfer the H1 from A to B without having worked for A at all?
When he gets his H1, he is still on OPT status until Oct 1, 2007. While you are in OPT how can you change your non effective H1 from A to B. You can not transfer your H1 until Oct 1, 2007.

What is a good way out of this situation so that he can transfer the H1 as and when he gets a job offer?

Thanks,
nj_skm
Click to expand...
 
I think "transfer" is a confusing term in this case. He can not "transfer" H1 w/o being on H1 status, but he can file H1 petition. Only question is whether the 2nd H1 petition comes under quota or not.

There is a law(forgot section #) which mentions that once H1 quota got nailed, one is not subject to H1 quota, and also another section(again forgot Sec #) says multiple petitions on the same beneficiary will be counted as only one quota.
So, I guess he won't come under quota with the 2nd H1 petition if 1st one was filed when H1 quota is available.(this is my guess based on what law says. Interpretation might be different from each people you ask).

I saw one post on this board that someone filed 2nd H1 petition before H1 start date and got approved.

But personally I don't understand why he applies for A with already considering to be employed by B.. It looks A is just to get the quota, which is quite ethically questionable.
 
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Well put. Yes, "transfer" is probably not a good word to use for this situation.

Can't you think of why he's thinking of filing with A if he's expecting an offer from B? Simple: there is no B yet and he wishes to secure a place by filing with A ( a consulting company ) so that he DOES have an H1 when B does come by.
A is sympathetic and is ready to help with the paperwork.

Can anyone else shed more light? Confirmation of the above?

nj_skm
 
Well put. Yes, "transfer" is probably not a good word to use for this situation.

Can't you think of why he's thinking of filing with A if he's expecting an offer from B? Simple: there is no B yet and he wishes to secure a place by filing with A ( a consulting company ) so that he DOES have an H1 when B does come by.
A is sympathetic and is ready to help with the paperwork.

Can anyone else shed more light? Confirmation of the above?

nj_skm
 
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