H1B transfer before Sep/ Oct 2021

[Argo2345]

Hi, I am currently on STEM OPT and have 1 more year until it is expired. I am currently working for company A under OPT. My H1B registration lottery was picked in Company B. Company B will proceed and apply for my H1B petition. I have two questions

1. Once H1B petition is approved for Company B, can I request for a H1B transfer to Company A even before I start working for Company B officially in Sep/ Oct 2021?

2. If Company A is not willing to do H1B and I wish to stay on OPT. Can I have my H1B from Company B cancel even after petition approval and stay on my OPT status and continue working for Company A? If so, what is a good time line to follow?

Thanks!

[Zodiac System]

If you plan to work in US long term, it is advisable to go on H1b.  

[JoeF]

An H1 can only be transferred after you have started working for the original employer on the H1.

If you don't want to work for the H1 employer tell them now, before they file the H1 petition.

Edited April 29, 2021 by JoeF

[LeaveMessageH1B]

1. No

2. Yes

[adshah84]

1. No

2. If you are not planning to join Company B, ask them not to file the application. If it will be approve you will automatically be on H1b from Oct 1 and your OPT is gone for ever. 

[Argo2345]

Thank you all. I know a contact who got his H1B transferred to a new company even before it got activated in Oct, I am seeking a lawyer's opinion, but still curious to know why it is not possible. 

Related to Question 2 - if company B filed for my H1B and got approval, and then I decide not to pursue job with company B, then can I let go of the whole application before Oct 2021 and continue on OPT?

Thanks again

[Zodiac System]

On 4/30/2021 at 10:14 AM, nitin671 said:

Thank you all. I know a contact who got his H1B transferred to a new company even before it got activated in Oct, I am seeking a lawyer's opinion, but still curious to know why it is not possible. 

Related to Question 2 - if company B filed for my H1B and got approval, and then I decide not to pursue job with company B, then can I let go of the whole application before Oct 2021 and continue on OPT?

Thanks again

If you do not join company B, then by law, company B will withdraw your petition.  Consult your employer A/attorney in case you want to transfer your approved H1b from company B to company A or continue with your OPT but keep in mind that company B will be spending thousands of dollars filing for your H1b filing and will not be happy if you do not join him.  Good luck.

Edited May 3, 2021 by Zodiac System