Consular petition - H1B transferable without having come into effect?

Asked 10 months ago - Hoboken, NJ

Hi,
I'm currently on my F-1 STEM Extension which is valid till Nov-2014. My Employer has sponsored my H1 which has been approved in 2013. Although, since I wasn't in the country when they applied, it is a consular H1 petition without Change of Status Application.

Can my new prospective employer apply for a transfer of my H1 even though it still hasn't been activated? (I don't intend to travel outside USA in the coming few months, thus will continue working on F-1)

Looking forward to any advice/suggestions.
Thanks,
Concerned F-1/H-1 individual

Attorney answers (7)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    18

    Lawyers agree

    Answered . No

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    9

    Lawyers agree

    1

    Answered . No!
    Ask your prospective EMPLOYER'S immigration lawyer what he or she thinks about this.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Alexander Joseph Segal

    Contributor Level 20

    7

    Lawyers agree

    Answered . No

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  4. Tsirina Goroshit

    Contributor Level 14

    8

    Lawyers agree

    Answered . Agree with previous answer. Talk to employer's attorney.

    The above is intended as general information only and cannot be relied upon as a legal advice. Laws change... more
  5. Huiyue Qiu

    Contributor Level 9

    5

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . It all depends how to determine your status after Oct. 1, 2013. If you do not go outside the country to apply for H1B visa stamp, the cap-subject H1B may not become valid. You could travel outside the U.S. in order to activate the H1B, return to the U.S., then file for H1B change of employer to port to the 2nd employer. In the alternative, another approach is to apply for change of status based upon your first H1B approval. There will be additional costs but may be worthwhile if you detest meeting consular officers overseas. Given we are in the middle of Sept, once that is approved, it will be after Oct. 1st. Then file for change of employer to your 2nd H-1B. There are lots of technical details that is better handled by a competent attorney.

    Sincerely yours,
    Oliver Huiyue Qiu, Esq.

    (646) 820-7658 Oliver Huiyue Qiu is a co-chairman of American Immigration Lawyer Association's New York City... more
  6. Pablo Husayn Nossa

    Contributor Level 17

    5

    Lawyers agree

    Answered . No, not possible.

    The answer provided is general in nature and should not be construed as legal advice as not all facts are know by... more
  7. John K Lassen

    Contributor Level 20

    2

    Lawyers agree

    Answered . no

    www.Low-Fee-Immigration-Lawyer.com

    John Lassen 1-877-252-4630

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