H1B Transfer on OPT

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Old Jul 25th 2006, 2:53 pm
  #1  
Brpriya
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Posts: n/a
Default H1B Transfer on OPT

Hi

I have been workign with Company 'A' form past one year -first as
intern and then as full time employee.Currently I am on OPT which will
expire in December 2006.My Current Employer 'A has applied for my H1B
visa which will be valid from Oct 1st.I have recently got an offer
from Company 'B' and then want me to start workign from Sept 1st.2006.
Can I transfer my H1B to Company 'B' before Oct 1st? I do have all the
current pay stubs till now from Company 'A' COmpany 'B' is not ready to
sponser my new H1B but then they are ready to transfer it.
Can I transfer it before Oct 1st or only after Oct 1st? Will there be
any issues in transfer?
 
Old Jul 25th 2006, 8:25 pm
  #2  
J. J. Farrell
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Posts: n/a
Default Re: H1B Transfer on OPT

brpriya wrote:
    > Hi
    > I have been workign with Company 'A' form past one year -first as
    > intern and then as full time employee.Currently I am on OPT which will
    > expire in December 2006.My Current Employer 'A has applied for my H1B
    > visa which will be valid from Oct 1st.I have recently got an offer
    > from Company 'B' and then want me to start workign from Sept 1st.2006.
    > Can I transfer my H1B to Company 'B' before Oct 1st?

No. You don't have H-1B status to transfer until you start working for
A as an H-1B on or after October 1st.

    > I do have all the
    > current pay stubs till now from Company 'A' COmpany 'B' is not ready to
    > sponser my new H1B but then they are ready to transfer it.
    > Can I transfer it before Oct 1st or only after Oct 1st? Will there be
    > any issues in transfer?

You can transfer after you become an H-1B on October 1st. They will
want proof that you are an H-1B at the time of the transfer, so best to
wait one or two pay periods after that.
 
Old Jul 26th 2006, 3:37 pm
  #3  
Brpriya
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Posts: n/a
Default Re: H1B Transfer on OPT

Thanks a lot J.J. for your reply
It helps a lot..

Priya

J. J. Farrell wrote:
    > brpriya wrote:
    > > Hi
    > >
    > > I have been workign with Company 'A' form past one year -first as
    > > intern and then as full time employee.Currently I am on OPT which will
    > > expire in December 2006.My Current Employer 'A has applied for my H1B
    > > visa which will be valid from Oct 1st.I have recently got an offer
    > > from Company 'B' and then want me to start workign from Sept 1st.2006.
    > > Can I transfer my H1B to Company 'B' before Oct 1st?
    > No. You don't have H-1B status to transfer until you start working for
    > A as an H-1B on or after October 1st.
    > > I do have all the
    > > current pay stubs till now from Company 'A' COmpany 'B' is not ready to
    > > sponser my new H1B but then they are ready to transfer it.
    > > Can I transfer it before Oct 1st or only after Oct 1st? Will there be
    > > any issues in transfer?
    > You can transfer after you become an H-1B on October 1st. They will
    > want proof that you are an H-1B at the time of the transfer, so best to
    > wait one or two pay periods after that.
 
Old Aug 8th 2006, 2:33 am
  #4  
Vikky Belani
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Posts: n/a
Default Re: H1B Transfer on OPT

Hello Priya,

Were u able to get the appointment date??
If yes, what time did u booked it??

Will appreciate ur reply.

Thanks,
Vikky

brpriya wrote:
    > Thanks a lot J.J. for your reply
    > It helps a lot..
    > Priya
    > J. J. Farrell wrote:
    > > brpriya wrote:
    > > > Hi
    > > >
    > > > I have been workign with Company 'A' form past one year -first as
    > > > intern and then as full time employee.Currently I am on OPT which will
    > > > expire in December 2006.My Current Employer 'A has applied for my H1B
    > > > visa which will be valid from Oct 1st.I have recently got an offer
    > > > from Company 'B' and then want me to start workign from Sept 1st.2006.
    > > > Can I transfer my H1B to Company 'B' before Oct 1st?
    > >
    > > No. You don't have H-1B status to transfer until you start working for
    > > A as an H-1B on or after October 1st.
    > >
    > > > I do have all the
    > > > current pay stubs till now from Company 'A' COmpany 'B' is not ready to
    > > > sponser my new H1B but then they are ready to transfer it.
    > > > Can I transfer it before Oct 1st or only after Oct 1st? Will there be
    > > > any issues in transfer?
    > >
    > > You can transfer after you become an H-1B on October 1st. They will
    > > want proof that you are an H-1B at the time of the transfer, so best to
    > > wait one or two pay periods after that.
 
Old Aug 14th 2006, 2:26 pm
  #5  
Brpriya
Guest
 
Posts: n/a
Default Re: H1B Transfer on OPT

no not yet..I am still trying to get an appointment
I have been trying midnight and then morning as well as whole day..but
then no luck

I tried to call the # given in one of the messages also..but then they
told me to check it online only..they said they can see the same
appointments which are online

Priya

[email protected] wrote:
    > Hello Priya,
    > Were u able to get the appointment date??
    > If yes, what time did u booked it??
    > Will appreciate ur reply.
    > Thanks,
    > Vikky
    > brpriya wrote:
    > > Thanks a lot J.J. for your reply
    > > It helps a lot..
    > >
    > > Priya
    > >
    > > J. J. Farrell wrote:
    > > > brpriya wrote:
    > > > > Hi
    > > > >
    > > > > I have been workign with Company 'A' form past one year -first as
    > > > > intern and then as full time employee.Currently I am on OPT which will
    > > > > expire in December 2006.My Current Employer 'A has applied for my H1B
    > > > > visa which will be valid from Oct 1st.I have recently got an offer
    > > > > from Company 'B' and then want me to start workign from Sept 1st.2006.
    > > > > Can I transfer my H1B to Company 'B' before Oct 1st?
    > > >
    > > > No. You don't have H-1B status to transfer until you start working for
    > > > A as an H-1B on or after October 1st.
    > > >
    > > > > I do have all the
    > > > > current pay stubs till now from Company 'A' COmpany 'B' is not ready to
    > > > > sponser my new H1B but then they are ready to transfer it.
    > > > > Can I transfer it before Oct 1st or only after Oct 1st? Will there be
    > > > > any issues in transfer?
    > > >
    > > > You can transfer after you become an H-1B on October 1st. They will
    > > > want proof that you are an H-1B at the time of the transfer, so best to
    > > > wait one or two pay periods after that.
 
Old Aug 17th 2006, 3:56 pm
  #6  
Brpriya
Guest
 
Posts: n/a
Default Re: H1B Transfer on OPT

Hello Vikky
I got my appointment ..I saw few appointments early morning around 7:00
AM and then I kept refreshing the page whole day and I could see them
in the noon

Hope that helps
good luck
Priya

[email protected] wrote:
    > Hello Priya,
    > Were u able to get the appointment date??
    > If yes, what time did u booked it??
    > Will appreciate ur reply.
    > Thanks,
    > Vikky
    > brpriya wrote:
    > > Thanks a lot J.J. for your reply
    > > It helps a lot..
    > >
    > > Priya
    > >
    > > J. J. Farrell wrote:
    > > > brpriya wrote:
    > > > > Hi
    > > > >
    > > > > I have been workign with Company 'A' form past one year -first as
    > > > > intern and then as full time employee.Currently I am on OPT which will
    > > > > expire in December 2006.My Current Employer 'A has applied for my H1B
    > > > > visa which will be valid from Oct 1st.I have recently got an offer
    > > > > from Company 'B' and then want me to start workign from Sept 1st.2006.
    > > > > Can I transfer my H1B to Company 'B' before Oct 1st?
    > > >
    > > > No. You don't have H-1B status to transfer until you start working for
    > > > A as an H-1B on or after October 1st.
    > > >
    > > > > I do have all the
    > > > > current pay stubs till now from Company 'A' COmpany 'B' is not ready to
    > > > > sponser my new H1B but then they are ready to transfer it.
    > > > > Can I transfer it before Oct 1st or only after Oct 1st? Will there be
    > > > > any issues in transfer?
    > > >
    > > > You can transfer after you become an H-1B on October 1st. They will
    > > > want proof that you are an H-1B at the time of the transfer, so best to
    > > > wait one or two pay periods after that.
 
Old Aug 19th 2006, 11:09 pm
  #7  
Venkat Qat
Guest
 
Posts: n/a
Default Can i travel India if my H1B transfer is under process

Hello,

I got H1B visa stamped in 10/21/2004 and valid until 09/30/2007 from
company A and came to US in 05/10/2005 and worked on a project for 6
months and after that on bench for 6 months. Then I got a project from
company B and they field H1 B transfer in 06/26/2006 and got my WAC
number, but still I didn't get my approval documents. Now my question
is, can I travel to India in September even without approval documents
.If yes, I need to go for stamping again at the time of return to US. I
heard that I can travel at any time without go for stamping for
company B as my first Company A visa is valid until 09/30/2007. Is
this correct? If I can travel to India what are all the necessary
documents I need to show at port of entry.

And how can i chech Company A visa status.

Can you please suggest me as soon as possible?

Regards,
Venkat
 
Old May 5th 2007, 3:01 pm
  #8  
Just Joined
 
Joined: May 2007
Posts: 5
avnei is an unknown quantity at this point
Default H1B Transfer on OPT

I have this situation before me. My OPT started from Dec 2006 and will expire on Dec 2007. My company A applied for H1-B through advanced degree quota and I have got it. I would like to change the company now to company B. Do I have to wait until my H1-B actually starts from Oct 2007 or can I change my company A now itself which I am interested in. I have allready paystubs from company A. Please advise me whether it’s possible or not. I spoke to USCIS on phone and asked for suggestion, they replied that I can do so provided my employer files for labor condition application and new H1-B form. I am waiting eagerly and anxiously for your reply as I have to make a decision now. Thank you very much.
avnei is offline  
Old May 5th 2007, 8:51 pm
  #9  
Jozef
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Default Re: H1B Transfer on OPT

"avnei" <[email protected]> wrote in message
news:[email protected] m...
>
> I have this situation before me. My OPT started from Dec 2006 and will
> expire on Dec 2007. My company A applied for H1-B through advanced
> degree quota and I have got it. I would like to change the company now
> to company B. Do I have to wait until my H1-B actually starts from Oct
> 2007 or can I change my company A now itself which I am interested in. I
> have allready paystubs from company A. Please advise me whether
> it�?¢â,¬â"¢s possible or not. I spoke to USCIS on phone and asked for
> suggestion, they replied that I can do so provided my employer files for
> labor condition application and new H1-B form. I am waiting eagerly and
> anxiously for your reply as I have to make a decision now. Thank you
> very much.

Company B cannot request your H-1B to be transferred until you have
effectively worked for company A in H-1B status, i.e. after Oct 1.

However, since you have already been counted towards the H1-B quota for FY
2007, company B can file a *new* H-1B petition for you. Note that you won't
be able to start work with company B until Oct. 1.

Jozef
 
Old May 5th 2007, 8:53 pm
  #10  
Jozef
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Default Re: H1B Transfer on OPT

"Jozef" <[email protected]> wrote in message
news:676%h.171$iY3.9@trnddc08...
>
> "avnei" <[email protected]> wrote in message
> news:[email protected] m...
>>
>> I have this situation before me. My OPT started from Dec 2006 and will
>> expire on Dec 2007. My company A applied for H1-B through advanced
>> degree quota and I have got it. I would like to change the company now
>> to company B. Do I have to wait until my H1-B actually starts from Oct
>> 2007 or can I change my company A now itself which I am interested in. I
>> have allready paystubs from company A. Please advise me whether
>> it�?¢â,¬â"¢s possible or not. I spoke to USCIS on phone and asked for
>> suggestion, they replied that I can do so provided my employer files for
>> labor condition application and new H1-B form. I am waiting eagerly and
>> anxiously for your reply as I have to make a decision now. Thank you
>> very much.
>
> Company B cannot request your H-1B to be transferred until you have
> effectively worked for company A in H-1B status, i.e. after Oct 1.
>
> However, since you have already been counted towards the H1-B quota for FY
> 2007, company B can file a *new* H-1B petition for you. Note that you
> won't
> be able to start work with company B until Oct. 1.
>

That should of course have read FY 2008...

Jozef
 
Old May 6th 2007, 2:37 pm
  #11  
Just Joined
 
Joined: May 2007
Posts: 5
avnei is an unknown quantity at this point
Default Re: H1B Transfer on OPT

Originally Posted by Jozef
"Jozef" <[email protected]> wrote in message
news:676%h.171$iY3.9@trnddc08...
>
> "avnei" <[email protected]> wrote in message
> news:[email protected] m...
>>
>> I have this situation before me. My OPT started from Dec 2006 and will
>> expire on Dec 2007. My company A applied for H1-B through advanced
>> degree quota and I have got it. I would like to change the company now
>> to company B. Do I have to wait until my H1-B actually starts from Oct
>> 2007 or can I change my company A now itself which I am interested in. I
>> have allready paystubs from company A. Please advise me whether
>> itÿ¢â,¬â"¢s possible or not. I spoke to USCIS on phone and asked for
>> suggestion, they replied that I can do so provided my employer files for
>> labor condition application and new H1-B form. I am waiting eagerly and
>> anxiously for your reply as I have to make a decision now. Thank you
>> very much.
>
> Company B cannot request your H-1B to be transferred until you have
> effectively worked for company A in H-1B status, i.e. after Oct 1.
>
> However, since you have already been counted towards the H1-B quota for FY
> 2007, company B can file a *new* H-1B petition for you. Note that you
> won't
> be able to start work with company B until Oct. 1.
>

That should of course have read FY 2008...

Jozef
Thanks Jozef for your reply. Well, Oct 1st start date is reasonable. But, until then can I work on my valid OPT with the new company. Can I leave company A. If I apply for new H1-B petition from company B and go for premium processing I should get the documents soon. Please advise me. Thanks again for your valuable time.
avnei is offline  
Old May 6th 2007, 4:06 pm
  #12  
Jozef
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Default Re: H1B Transfer on OPT

"avnei" <[email protected]> wrote in message
news:[email protected] m...
>> "Jozef" <[email protected]> wrote in message
>> >
>> > Company B cannot request your H-1B to be transferred until you have
>> > effectively worked for company A in H-1B status, i.e. after Oct 1.
>> >
>> > However, since you have already been counted towards the H-1B quota
>> > for FY
>> > 2008, company B can file a *new* H-1B petition for you. Note that
>> > you won't
>> > be able to start work with company B until Oct. 1.
>
> Oct 1st start date is reasonable.
> But, until then can I work on my valid OPT with the new company. Can I
> leave company A. If I apply for new H1-B petition from company B and go
> for premium processing I should get the documents soon.

Your OPT EAD allows you to work for any employer in an occupation that is
related to your field of study.

I don't think you need to use Premium Processing. You do not need the
approval of the new H-1B until Oct. 1.

Jozef
 
Old May 10th 2007, 8:22 pm
  #13  
Just Joined
 
Joined: May 2007
Posts: 5
avnei is an unknown quantity at this point
Default Re: H1B Transfer on OPT

Jozef, Thanks for your replies. the reason I am interested in premium processing is because of any surprises. In case it is denied or something like that. In that event I will continue in my present company.
Do you see any valid resons for them to deny my petition?. Have you seen thses kind of cases before?. Please advise me. Thanks a lot.
avnei is offline  
Old May 10th 2007, 11:22 pm
  #14  
Jozef
Guest
 
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Default Re: H1B Transfer on OPT

"avnei" <[email protected]> wrote in message
news:[email protected] m...
>
>> Your OPT EAD allows you to work for any employer in an occupation that
>> is
>> related to your field of study.
>>
>> I don't think you need to use Premium Processing. You do not need the
>> approval of the new H-1B until Oct. 1.
>>
> The reason I am interested in premium
> processing is because of any surprises. In case it is denied or
> something like that. In that event I will continue in my present
> company.
> Do you see any valid resons for them to deny my petition?

From what you stated I really don't see how your petition could be denied.

In any case, since you will be having two separate H-1Bs, you can work for
either company.

Jozef
 
Old May 11th 2007, 3:00 am
  #15  
Just Joined
 
Joined: May 2007
Posts: 5
avnei is an unknown quantity at this point
Default Re: H1B Transfer on OPT

The new H1-B will be based on the earlier H1-b I have, so how do I collectively have 2?. Thanks again.
avnei is offline  


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