Jozef

"avnei" <[email protected]> wrote in message
news:[email protected] m...
>
>> "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.
>
> The new H1-B will be based on the earlier H1-b I have, so how do I
> collectively have 2?.

If company B sponsors an H-1B for you before Oct 1, it is a *new* H-1B. It
cannot be a *transfer* H-1B from company A, because an H-1B can only be
transferred if you are actually working for the old company in H-1B status.
You are currently still in F-1 status. You cannot be in H-1B status before
Oct 1.

If the job with company B is related to your studies, you can use your OPT
to start work with company B right away. You should contact the DSO of your
school beforehand because he/she will have to update your record in SEVIS
accordingly.

Again, if company B sponsors an H-1B visa for you before Oct 1, it will be a
new H-1B and consequently you will have two valid concurrent H-1Bs. This
means you can work for either company. The reason you can have more than one
H-1B is that H-1B beneficiaries are counted towards the cap just once. Since
your H-1B with company A has already been approved, you have already been
counted towards the cap for FY2008 and company B can sponsor another H-1B
for you.

You are really fortunate to have so many options available to you. With two
H-1Bs you could even go back to company A if the job with company B doesn't
work out.

Hope this isn't clear as mud!

The only issue I see is a moral one: you have made a commitment to company
A, they spent a bunch of $s to get you an H-1B, and you are now about to
join another company that will in turn have to spend $s to sponsor you. But
that's for you to deal with.

Jozef

avnei

Jozef, Thanks a lot for your reply. Ethically, it is good for me to leave company A and I will be repaying the $'s they have spent on me. They may find a better performing guy.

rockiee80

Hi Josef,

I guess you are totally wrong with the statement "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" This is not True.. The Company B will be only able to File an H1b petition if the H1b Quota is still available


Regards
-rocky

Jozef

"rockiee80" <[email protected]> wrote in message
news:[email protected] m...
>
>> The new H1-B will be based on the earlier H1-b I have, so how do I
>> collectively have 2?. Thanks again.
>
> I guess you are totally wrong with the statement "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" This is not
> True.. The Company B will be only able to File an H1b petition if the
> H1b Quota is still available

Your guess is incorrect. The quota is based on unique individuals. As long
as an individual does not start a new 6 year H-1B period by being out of the
US for a year, he continues to be counted towards the original quota just
once, no matter how often the H-1B is transferred, or concurrent H-1Bs are
applied for.

However, I'm not claiming such a filing does not run the risk of being
denied! That's a whole different story. But the USCIS employee who denies it
would also be wrong, which would just mean some more work for the
immigration attorney who's working the case. It will eventually be approved.

Jozef

fting

Hi,

This case is very similar to my. I'm working on Company B with OPT. I worked with Company A on OPT and got H1-B approved from Company Abut the H1-B will only be effective on 1st Oct. Company B has submitted the H1-B petition transfer. At the same time, Company B is also working on filing the EB2 PERM green card application.

My OPT expired on 31st of Aug 2007 and the H1-B transfer is still pending. My question are:

1) Can I continue work with Company B start from 1st Oct 2007?
2) Can I go oversea/ back my to home country during the month of Sept. 2007?

Thank you.