H1B transfer before Oct 1 for new H1B application

[americandream1212]

Hello,

I have an H1B from a non-profit organization which expires in March 2013. I have an offer from employer A (profit-making) but they will apply for my H1B in June end. At the current rate of H1B applications I am afraid the cap will be filled. Can I have emplyer B (IT consulting company) apply for my H1B and get it approved with premium processing so I don't lose the chance of getting H1B and then in July apply for a transfer to employer A (profit-making) and work for them starting October 1, 2012?

Your comments and suggestions are greatly appreciated.

Thank you.

[wiweq]

"Can I have emplyer B (IT consulting company) apply for my H1B and get it approved with premium processing?"

==> If you mean to pay for H1b to B and B will file H1b for you, go with this option and be ready to screw your future in USA.

Have patience, quota is not going to fill buy Oct - Nov. Don't misuse the system for 'just to make sure' thing!

[akKIRA]

i have similar kind of issue. my opt will expire in june 2013.

i have h1 approved from a employeer A and i want to move to employer B ...can i transfer my H1 to employeer B before oct 2012...

[wiweq]

"i have h1 approved from a employeer A and i want to move to employer B ...can i transfer my H1 to employeer B before oct 2012..."

=> There is nothing called H1b transfer, it’s always new H1b processing. Its only H1b extension or H1b with COS. In your case it will be H1b with COS because you are not currently on H1b status.

[mbapro]

I wanted to add to Wiweq's point that filing H1B Extension ( with change of employer) requires the employee to be on H1 status. CUrrently you may be on OPT status, hence any employer who files now until October 1 will be more like a new H1B application. However, you may not be counted against the quota again.

Kindly check this with an attorney.

[wiweq]

"I wanted to add to Wiweq's point that filing H1B Extension ( with change of employer) requires the employee to be on H1 status. CUrrently you may be on OPT status, hence any employer who files now until October 1 will be more like a new H1B application. However, you may not be counted against the quota again."

=> akKIRA had an already approved H1b. S/he will not be counted again towards the quota and ready to work on receipt/ approval. S/he doesn't need to wait till Oct 1st 12.