rohanng

Need help with new H1B process

4 posts in this topic

I work for a mid-size company as a Full-Time employee in my STEM OPT. My employer doesn't sponsor new H1B but transfer is okay. I applied through a consulting firm.
Fortunately, it got picked through the consulting company. 

I am looking for your help to understand below questions
1. My H1B got picked from consulting company but not yet approved. Can I apply for transfer before approval? If not how long I have to wait after approval?
2. During the transfer, what documents are required? I am not sure whether consulting company will give all the docs. Can it be done on just USCIS receipt number? 
3. Can I amend the current application that got selected and update the application to change the employer?
4.Consider there was some RFE and my H1B application got rejected. Next time when I apply again, will I come under lottery?
5. If the H1B application gets rejected, Can I apply immediately using a different employer since my application is already picked once?

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You have to start working with the H1 employer from Oct. 1. Only then would a transfer be possible.

I'd the H1 is denied, you would not have been counted for the quota. It is not an application quota. Geez. Please use common sense.

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1. You cannot transfer without approval, you have to work for the sponsoring company first before transfer

2. You need H1B approval package which your consulting company should receive and pay checks atlease 3 and rest everything new company should take care

3. i dont think you can do that but please check with murthy attorney, you can take 20 mins phone consultation

4. If it rejects you can apply next year

5.no, you cannot apply this year again

 

please consult a attorney before just trust forums

 

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1) no, you have to be on petitioner's payroll for some time before you move.

2) you will need atleast payroll + original I797

3) no you cant. you need to understand h1b belong to employer and not employee.

4) yes, you will have to go thru lottery again.

5) if it gets rejected, your application is gone. You will need to go thru lottery again next year.

 

the questions that you are asking, is borderline illegal from immigration perspective. 

 

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