UmaKrishna Posted July 21, 2017 Report Posted July 21, 2017 Hi everyone, Myself Uma, am an f1 student currently in initial OPT period recently my H1b got approved from an employer A in the June month.recently I got a job offer through another employer B .my employer B wants to transfer my H1b from employer A before the start date my questions are; am I able to transfer my h1b before start date? will be there any problem at the stamping time? is there any chance of getting an RFE while transferring H1b before start date? is there any chance of H1b revoke after it got approved from employer A? I am very much worried!!!
pontevecchio Posted July 21, 2017 Report Posted July 21, 2017 Your new employer is either naïve or a rogue. You are only considered cap counted if you work for the original sponsor at least once. Make sure no money changes hands.
UmaKrishna Posted July 25, 2017 Author Report Posted July 25, 2017 what is Cap Count? I don't know what it is Cap subject means?what my employer B is saying that if the transfer is not successful then the approved status will remain same that is the approval from employer A will not take effect. is that right?
JoeF Posted July 25, 2017 Report Posted July 25, 2017 You are only considered counted for the quota once you have started working on H1 for the original H1 employer. A transfer is only possible after Oct. 1, when you have started working on the H1 for the original employer.
satya2k1 Posted July 26, 2017 Report Posted July 26, 2017 why do you want to jeopardize your H1B? there are so many people crying for H1. It is matter of another 2 months to Oct 1st. Stay with your current employer these 2 months and work until you get atleast 3 pay checks from employer A, then ask your new employer B to apply for transfer.
UmaKrishna Posted July 27, 2017 Author Report Posted July 27, 2017 thank you for your response, the thing is my employer is not responding after my approval I don't know whether he gonna run my paychecks or not from oct month. he is also not responding to my calls or emails. I don't know what to do? am so worried
pontevecchio Posted July 27, 2017 Report Posted July 27, 2017 1. Get a lawyer involved and retain him for a fee. 2. Report to Employer A for work on October,1. If he does not pay you appropriately file a complaint with the Federal DOL and move on to B. 3. I suspect B is also one of the same. Do your best to get a proper sponsor. Also such rogues have effects on so many hard working people and they do not belong here. Do not be an accessory.
UmaKrishna Posted July 27, 2017 Author Report Posted July 27, 2017 thank you very much for your advice, one more thing is I got a job offer with employer B he is saying that if the transfer is not successful it will not effect the approved status from employer A unless only if employer A puts a request to revoke the petition is that right?
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