H1B transfer - STEM OPT

[itsNits]

Current Situation:

1. Laid off July 7

2. H1B approved this year from the previous employer. 

3. STEM OPT in processing: Received date Jun 9

4. I am trying to retain the approved H1B. Along with that trying to get STEM OPT approval. 

Questions: 

1. Can I transfer my H1B to new employer before Oct 1? Will there be an issue if the transfer is initiated before Oct 1. 

2. I have been told my previous employer will withdraw the application near to Oct 1. In case they do what should by my plan if I don't find a new employer by then to transfer my H1B. 

3. Is there a way to be cam exempted in any way possible. 

3. In case I find a new employer, do STEM OPT students can work remotely (WFH) or they need to be present near the employer's office?

 

 

[poojB]

1. NO. You can not transfer this H1 as you must work for h1 holder before you can transfer to new employer

2. By Law he has to withdraw now or later ,  if he don't he needs to pay you as per LCA.

3. NO , next lottery is an option

 

 

[gopalakrishnach]

1. I guess this is your first H1B in lottery. If that yes than NO you cannot transfer since you need to work for this petitioner to get this activated and started. Better to have 2 to 3 pay stubs.

 

[User099]

You H1 petition should be withdrawn asap or else you will end up loosing F1 and H1 if the petition is approved after Oct 1st.