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subramk

H1 B is approved. Got new offer. Want to Move to new employer before October 1.

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"Convincing the employer to not withdraw it"...

In other words, asking the employer to break the law, to do something illegal...

Good going there...

Read the full sentence.

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If the H1 gets revoked before it starts, you would continue to be on F1. There may be some SEVIS issues, which you need to discuss with the DSO at the university.

Will I will be able to continue in F1-OPT even after Oct 1st till my OPT expires? Is there any risk factor associated with this kind of change. 

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Yes. Then 8 CFR 214.2(h)(8) does apply. You have to get an H1 visa to work for the original petitioner, or the H1 is fine, and you are not considered counted in the quota.

Does this mean the new company can apply for a H1B transfer only after I go to my consulate back home and get the stamping done. Is there a way to do the transfer after Oct 1 without travelling to the consulate.

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Does this mean the new company can apply for a H1B transfer only after I go to my consulate back home and get the stamping done.

Yes. And a misrepresentation would be immigration fraud.

Is there a way to do the transfer after Oct 1 without travelling to the consulate.

No.

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After Oct 1, you can definitely transfer without traveling outside.

No, he can't.

http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/

"If the H-1B is revoked before the beneficiary can be considered in H-1B status – i.e. before October 1 of the given year, or if they consular process, prior to the beneficiary using the petition to apply for a visa/admission, then they would not be considered counted under the cap.""

In this case, it is consular notification, so the OP would not be counted under the quota if he doesn't get an H1 visa and starts with the employer.

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No, he can't.

http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/

"If the H-1B is revoked before the beneficiary can be considered in H-1B status – i.e. before October 1 of the given year, or if they consular process, prior to the beneficiary using the petition to apply for a visa/admission, then they would not be considered counted under the cap.""

In this case, it is consular notification, so the OP would not be counted under the quota if he doesn't get an H1 visa and starts with the employer.

 

I was assuming OP will stay with the current employer till Oct 1 and hence petition is not withdrawn. Otherwise, what's the point of applying after Oct 1.

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I was assuming OP will stay with the current employer till Oct 1 and hence petition is not withdrawn. Otherwise, what's the point of applying after Oct 1.

Yes I implied I will be working for the first till oct 1. Without going back for stamping can't I ever change employers?

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Yes I implied I will be working for the first till oct 1. Without going back for stamping can't I ever change employers?

Yes, as long as H1B employer does not revoke H1B petition before Oct 1st.

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Yes I implied I will be working for the first till oct 1. Without going back for stamping can't I ever change employers?

If you start working for the employer on H1, then you can change employers.

But since this was not a COS, you would have to go abroad, get an H1 visa, and then enter with that visa into H1 status to work for the employer.

If you continue on F1/OPT for the employer past Oct. 1, a transfer of the H1 is not possible.

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I was assuming OP will stay with the current employer till Oct 1 and hence petition is not withdrawn. Otherwise, what's the point of applying after Oct 1.

Please read this again, in particular the part I highlighted in red:

"If the H-1B is revoked before the beneficiary can be considered in H-1B status – i.e. before October 1 of the given year, or if they consular process, prior to the beneficiary using the petition to apply for a visa/admission, then they would not be considered counted under the cap."

 

The OP said this is consular notification, i.e., the status would not change on Oct. 1. That means the OP would have to get an H1 visa at the notified consulate, and then enter with that visa and start working for the employer in H1 status. Only then would he be able to transfer the H1.

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