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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?

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Attorney answers 4

Posted

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.

Asker

Posted

I mean if my H1 is approved for this year and for suppose if i get approval in June 2013. Is it possible for me to start working for my new employer after that?? and when should I apply for transfer then??

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Did it not answer your question? How about reading my post again?

Asker

Posted

I did read the post but my question is How early I can work for new employer with valid opt?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Once your second H1B is filed

Posted

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.

Asker

Posted

If my H1 is approved then is it possible to work for my employer and then transfer my h1??

Posted

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.

Posted

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.

Asker

Posted

Yup the prospective employer will fill the petition but my question is if H1 is approved in June 2013 with my current employer and when can I start working for my new employer??

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