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tampaflorida

OPT Extension and H1B Approved. Joining new company before Oct 1

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Hello,

 

I'm on OPT Extension and working for company A. I have H1B approved from company A. Now i have offer from company B.And they want me to join before Oct-1.

 

They said they had a word from their immigration team and got positive response. they said they can file a new petition based on my original approval and after approval, i can join them.

 

I don't know what to do. read through several posts and most of them are not agree with that.

 

Can somebody put some light on that...

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Your H1B is effective only from Oct 1st and so you cannot join them before that on H1B. If you plan to join them on OPT then you risk employer A withdrawing approved H1B petition. If withdrawn you will be considered not counted against cap and have to go through cap again.

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You have to start working for the original employer on H1 by Oct. 1.

An H1 transfer could only be filed after Oct. 1.

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But they are saying they will file a new petition based on my approved petition and new petition will hold their name not original employer name. And so i can start working with them with new petition...confused whom to listen......

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But they are saying they will file a new petition based on my approved petition and new petition will hold their name not original employer name. And so i can start working with them with new petition...confused whom to listen......

 

That is not possible anymore, since last year.

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

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But they are saying they will file a new petition based on my approved petition and new petition will hold their name not original employer name. And so i can start working with them with new petition...confused whom to listen......

That's not possible before your approved H1 kicks off. So no H1 transfer before Oct 1st.

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