MplsTechie Posted August 18, 2017 Report Share Posted August 18, 2017 Hi everyone, I need your help for this unique situation of mine. I am on OPT (OPT valid till May 2018) and my H1B got picked in the lottery and is set to be effective from Oct 1st 2017. However just last week my company decided to cut my position. My last working day is Sep 8th. I had a few questions about my situation 1) If I get a new job, can my approved H1B be transferred to the new employer and do I need to wait for my H1B transfer approval before I can start working? 2) Assuming my current company revokes my H1B immediately and if I get a new job after that, can the new company use my approved H1B petition for a H1B transfer or should I go through lottery again next year for a H1B? Any guidance would be much appreciated. Quote Link to comment
JoeF Posted August 18, 2017 Report Share Posted August 18, 2017 The H1 is gone. It can not be transferred. A new employer can file for an H1 in next year's lottery. Quote Link to comment
copco Posted August 18, 2017 Report Share Posted August 18, 2017 If you don't work on an H-1 status you are not considered cap counted. In this case you will not be able to transfer your petition. Your new employer has to file a fresh cap subject petition next year which will go through the lottery. Unlikely to happen but if you can somehow convince our current employer to let you work for an extra month it will help. Quote Link to comment
satya2k1 Posted August 18, 2017 Report Share Posted August 18, 2017 Hi, My guess is that you have H1B from a consultant company but not from your OPT employer. In that case, you have to work for your H1B sponsored employer for at least 1 or 2 months to activate your H1B, and then transfer to a new employer. Otherwise, just don't work for your H1B employer and continue on OPT until May 2018. and apply for new H1B through lottery next year. Quote Link to comment
copco Posted August 18, 2017 Report Share Posted August 18, 2017 You don't need to work for 1-2 months to activate your H1B. You need to work for 1 day. You do need 3 paychecks though but last year my friend used his September paychecks and transferred his H1 in mid October. Quote Link to comment
GC_Visa Posted August 18, 2017 Report Share Posted August 18, 2017 I think you can get your H1B "transferred" to a new employer. Do you have the I797 copy - if yes then approach any employer who is ready to file a cap-exempt H1B for you. You can use your petition provided your employer does not revoke it. Quote Link to comment
AV18 Posted June 3, 2020 Report Share Posted June 3, 2020 Hi Techie, can you update with what did you do finally? Thank you! Quote Link to comment
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