H1 Transfer-Previous UNVA student


rommy

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Hey All,

I need an advice on my current situation.

I filled the first time H1B (EVC model) from Employer A in Dec 2010 when I was on OPT from an accrediated university.In April I got RFE for EE realtionship which responded back with client letter, but unfortunately, I got rejected in end of the jun 2011 due to title mismatch between LCA and client letter .Menahwile my OPT (17 Months) was expiring in July 2011 so I got the admission in **** in staring of the July.Now Employer B (EVC model) had filled my h1b (with whom I registered CPT) in OCT and after **** RFE I got approval with COS in NOV 2011.The other thing is, I was aware about the Stamping issues so I was looking for full time job and finally I got the offer from good company to hire me as Full time employee but they are not ready to file h1b transfer in premimu processing.They are saying that Once they will get the receipt for transfer, I can start working from them and h1 transfer wont be an issue for them.But due to my **** background for 6 months, I am not willing to take a risk to file h1 transfer in regular processing.

Now the questions are:

1) Are there any issues with COS during the transfer any more as it approved already from f1 to h1 ?

2)Is it safe to start working with them based on receipt only ?( specially seeing my history)

Any of your help would be appreciated.

Thanks

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Generally, it is possible to begin employment with the new H1B sponsoring employer once the change of employer petition has been filed and receipted by USCIS. Employment authorization continues until the petition is adjudicated. There is always the risk that if the petition is denied, the H1B worker will be out of status and must depart the U.S. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case and the options that may be available to you.

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Thank you so much for your answer wiweq !! I got the same reply from client asking to pay fees for PP and I wont mind to do that !!

Second Question is I have approval for 1 year only so when they will file h1 transfer- Are there any chances that I will get h1 transfer valid for more than 1 year (for 3 years ) ?

Thanks

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Second Question is I have approval for 1 year only so when they will file h1 transfer- Are there any chances that I will get h1 transfer valid for more than 1 year (for 3 years ) ?

=> As per my experience, for conratcing jobs (EVC) USICS is issuing 1 yr H1b validity and for FT its 3 years validity.

Its good that you are ready to pay for PP. I always encourage people to go with PP, it makes your life easy. I think it costs around $1200.

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  • 1 month later...

Thanks Once again for your help !! I am hoping that H1 transfer ( Which Is valid for 1 yr only for a now) with new company (as a FT employee) will help me to get the transfer valid for 3 years .

Hello - any updates from your side?... did you end up paying for PP...and if so did you face any issues?

I am a former **** student too and thus on the same boat.

Thanks

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