H1B Transfer Before Effective Date

[pratikdangi]

I would appreciate your response in regards to mt issue.

I am employed in company A and they filed my H1B for FY 2013. It got approved on 6/15 with effective date on 10/1/12. Now other company B is offering me a job on 6/20. By the time of offer from company B H1B CAP for FY 2013 is full. My question is will I be able to file H1B through company B for this year as quota is full? Will new H1B from company B utilize same quota as previous company A approved H1B quota or it requires new visa number which is not available for FY 2013? My OPT is valid till 9/30/12 so I am keeping my work authorization valid through out entire time period.

Please respond.

[wiweq]

Because you are counted once and have approved H1b, you will be cap exempted for next 6 years of your H1b stay. Comp B will file cap exempted H1b visa using details of Comp A's I797. As before, it'll be effective from Oct 1st, 2012.

[pontevecchio]

Yes. B can file a H1 petition for you.

[pratikdangi]

Thank you all. Greatly appreciate your reply. That is a big relief.

[lowfat]

I would appreciate your response in regards to mt issue.

I am employed in company A and they filed my H1B for FY 2013. It got approved on 6/15 with effective date on 10/1/12. Now other company B is offering me a job on 6/20. By the time of offer from company B H1B CAP for FY 2013 is full. My question is will I be able to file H1B through company B for this year as quota is full? Will new H1B from company B utilize same quota as previous company A approved H1B quota or it requires new visa number which is not available for FY 2013? My OPT is valid till 9/30/12 so I am keeping my work authorization valid through out entire time period.

Please respond.

Hi pratikdangi,

I saw your post and I also have the same question. Did you successfully transfer your H1b? My OPT is valid until Nov13 and I won the lottery for my H1b for FY14.

Thank you very much