H1b transfer urgent thanks

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Old Jan 15th 2006, 11:23 am
  #1  
Ghazni1
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Default H1b transfer urgent thanks

Hi,

I got H1 from company A and the start date on my approval is
10-feb 06. But now company B has offered me a job. The question is


* Can I apply for H1 transfer to company B even I didn't start
working for Company A.

* If Company B files a new H1 can I start working immediately or I
have to wait for H1 approval?

* Is it possible to apply for the transfer after working 1 month?
(will one pay stub would be enough).

I have to decide very soon about this. Urgent help would be highly
appreciated.

Thanks

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Old Jan 16th 2006, 6:25 am
  #2  
Kevin Keane
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Default Re: H1b transfer urgent thanks

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ghazni1 wrote:

    >
    > Hi,
    >
    > I got H1 from company A and the start date on my approval is
    > 10-feb 06. But now company B has offered me a job. The question is
    >
    >
    > * Can I apply for H1 transfer to company B even I didn't start
    > working for Company A.

It would be considered a new H-1B, and would be subject to the quota.

    > * If Company B files a new H1 can I start working immediately or I
    > have to wait for H1 approval?

You would have to wait for the approval.

    > * Is it possible to apply for the transfer after working 1 month?
    > (will one pay stub would be enough).

Yes, as long as you can convince USCIS that you bona fide intended to work
for company A. There is a chance that they would accuse you of immigration
fraud if they think that you are only working for A in order to get the
H-1B for company B.

One month might be enough to satisfy them, though.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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