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I'm currently working on OPT and applied for H1 b visa and I want to transfer my H1 b before Oct1.

Nashville, TN |

I'm currently working on OPT which is valid until feb 2014 and my current employer has filled my H1. Is it possible for me to transfer my H1 b to another employer before Oct 1??
If so, When should I initiate the transfer process? and How early I can start working for the new employer?

Attorney Answers 4


  1. Not possible. With that said, if approved, you will be CAP exempt and your new employer will be able to hire an immigration and petition for you.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. No.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


  3. No.

    Plus YOU don't do the process .. the company and their lawyers do the paper ... an H-1B is the property of the employer, not the employee.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  4. The prospective employer can petition for you with the start date of Oct 1.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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