H1B transfer

ckk1234

By ckk1234,
in H1B : General

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ckk1234 Newbie

ckk1234

Posted
Posted

Hi,

If my employer applied for H1B for this year and got approval by end of April, with effective date of Oct or Nov, and If I changed to another employer before Oct or Nov, should my new employer apply for new H1b or transfer from the old employer.

Thanks in advance for your help

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Yash85 Member

Yash85

Posted
Posted

I had the same question...R u also on OPT EAD till OCt 1st? From my understanding, I think the new employer needs to file for a H-1B, which will cap-exempt because you have already applied for a H1-B in this fiscal year...

Ckk1234....Did u hear back from anyone regarding this?

Can some one please provide some expert insight on this?

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wiweq Advanced Member

wiweq

Posted
Posted

As Joef said, there is nothing called H1 Transfer. Please do some research and understand this. Every time employers file the new H1b with same fees, same process. The only difference is that once you are counted towards the cap, you are cap exempted for 6 years of H1b stay.

If you do COS to H1b you will see on your I797 : "Your COS is appproved". If your new employer file the new H1b for you, you will see on your I797 - "Your H1b visa extension is approved" nothing like - ''Your H1b visa transfer is approved'.

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JoeF Advanced Member

JoeF

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Sha.... I did not hear back from any one. Yes i am also on opt ext.

Joe the problem is people are ready to give me job if it is to trqnsfer the h1 but dont want to apply for new one. So will it be a transfer or new h1 the new company has to apply for?

May I ask what

part of my answer you didn't get?

It always is a new H1. There technically is no such thing as a transfer.

The new employer has to file an LCA and an I-129, just like for every other H1.

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