Urgent:H-1B Portability before active date

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moonlightmist

Registered Users (C)
Urgent, please help me out.

I was hired and used my OPT to work for company A. My H-1B from company A is approved April, 2006, but won't be effective until Oct 1, 2006. I was fired by company A in June, 2006. Company B is willing to sponsor my H-1B now, but the quotes are all gone. My OPT is expired by now and i am in grace period. My question is whether the H-1B quote from company A can be portable to company B? Am I exempt from the cap?
 
IMO, once you are counted against the quota in last X years, you are exempt from the cap. Not sure about X, but you can search on the forum and find out. So you can file another H1 and show this previous H1 approval as proof that you are exempt from cap. Do discuss with a good attorney to make sure.
 
Your H1B status will be active from Oct 1, 2006, from Oct 1 you are eligible to transfer your H1 to Comp B without any quota issue provided you are in status

moonlightmist said:
Urgent, please help me out.

I was hired and used my OPT to work for company A. My H-1B from company A is approved April, 2006, but won't be effective until Oct 1, 2006. I was fired by company A in June, 2006. Company B is willing to sponsor my H-1B now, but the quotes are all gone. My OPT is expired by now and i am in grace period. My question is whether the H-1B quote from company A can be portable to company B? Am I exempt from the cap?
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I have a similar situation and I found out from an attorney that once approved for an H-1, we won't be subjected to the quota again. Please let me know if you find any further information regarding your case.

Thanks
 
My attorney told me so too, saying that if I was counted against 2007 quote, I will be exempt. She is very firm about her answer. But I consulted other two lawyer recently and got negative feedback. One lawyer told me there is a memo released by USCIS in April 2006 saying H1 portablity is only applied to those who is already on H-1B status for 3 months.
 
Great Guru, does H-1B transfer as what you described need my former company's paystub? Is paystub necessary for H-1B transfer? Do you mean I could transfer on Oct, 1? Can I file my transfer application now and make the transfer on Oct.1?

Thanks a lot!
 
I think technically you can transfer on Oct 1, but risk is it may invite scrutiny, as they MAY think the 1st H1B is dummy.
 
My suggestion was to apply for a "new" H1 and show old H1 approval as a proof that you are exempt from cap as you have already been counted towards the cap. I am not talking about H1 "Transfer".

Talk to your attorney if s/he is willing to do so and if it is possible or not.
 
If you are transfering on OCt 1 without joing the company , you no need of any pay stub. If you delay your transfer one or two weeks you deifinetly need pay stub. Your application must reach USCIS on or after Oct 1, 2006. Not before that.


moonlightmist said:
Great Guru, does H-1B transfer as what you described need my former company's paystub? Is paystub necessary for H-1B transfer? Do you mean I could transfer on Oct, 1? Can I file my transfer application now and make the transfer on Oct.1?

Thanks a lot!
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This case you have to get out of country and get fresh visa stamped and re enter before starting your work in US. More risk.

EricS said:
My suggestion was to apply for a "new" H1 and show old H1 approval as a proof that you are exempt from cap as you have already been counted towards the cap. I am not talking about H1 "Transfer".

Talk to your attorney if s/he is willing to do so and if it is possible or not.
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Don't file your transfer application now and make the transfer on Oct.1 OR After 1 OCT 2006.

moonlightmist said:
Great Guru, does H-1B transfer as what you described need my former company's paystub? Is paystub necessary for H-1B transfer? Do you mean I could transfer on Oct, 1? Can I file my transfer application now and make the transfer on Oct.1?

Thanks a lot!
Click to expand...
 
Do not play in this forum razor edge

Hi
Razoredge
Do not copy our answer and post it again.
Do not waste forum's memory space.
Razor edge , if you are really knowledgeable (you are not), go and answer thousands of questions in this forum.

Do not make yourself fool. (Is it, you are)


razors_edge said:
Don't file your transfer application now and make the transfer on Oct.1 OR After 1 OCT 2006.
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Last edited by a moderator:
My attorney was also referring to file a change of status from F to H rather than filing a change of employer. In this case he told me that we are exempt from the cap.

I am assuming here that the change of employer means the transfer and change of status means filing for a new H-1 showing the approval of the old one.
 
My lawyer indictes she applied a new H-1B for me, but as I have already been counted against the FY2007 cap, I am exempt from the cap. I just do not understand how this could be realized. Maybe it is processed as a F->H, change of status? Many other people including people in this forum and some professional lawyers actually have negative answer about my case.

My application is still in processing. I will update the result here. Many thanks to those who replied my post!
 
moonlightmist said:
My case is approved today. Thanks a lot for your support here!
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Congratulations!
Once you get your approval notice, post here if you get it with new I-94 or not.
 
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