OPT to H1b Petition - Pending: Can it be transferred while it is pending?

[AppleInMyHead]

My current employer (company A) filed H1b petition (Change of status petition from OPT to H1B) in April 2012. Currently, it is in pending state. Recently, I got an offer from another company B. My question is, can company B initiate the transfer while the petition is pending? Or do I have to wait till my current petition is approved before transfer is initiated?

Thanks for your help..!

[pratikdangi]

You first have to get approval on current application as cap for this year has been reached. To avoid any risk, expedite your current file as a premium and then you will not be subject to cap and can apply for H1B from another company. As for this year there is no way company B can file H1B for you with out approval of H1B filed by company A.

This is the best rout to go.

Good Luck.

[wiweq]

Yes, once you are counted towards quota, you are exempted. You should be able to transfer on previous receipt. Mainly, you need to provide proof of current status (i.e. F1, I20) and I797 receipt no (WAC no).

[sacrosanct]

I also have the same question, can someone please guide

[pontevecchio]

Unless the petition with A is approved you are not cap counted and hence cannot have B apply for you.

[AppleInMyHead]

You first have to get approval on current application as cap for this year has been reached. To avoid any risk, expedite your current file as a premium and then you will not be subject to cap and can apply for H1B from another company. As for this year there is no way company B can file H1B for you with out approval of H1B filed by company A.

This is the best rout to go.

Good Luck.

Thanks all for your insight and informative responses!

I am into 85 days since receipt was issued, so decision should be around the corner. I was wandering once I get the approval do my new employer need to wait till I get approved petition in mail or does they can start the transfer once a decision is made rather than waiting for receiving the approval notice (which takes another 3 weeks or so).

[pratikdangi]

Thanks all for your insight and informative responses!

I am into 85 days since receipt was issued, so decision should be around the corner. I was wandering once I get the approval do my new employer need to wait till I get approved petition in mail or does they can start the transfer once a decision is made rather than waiting for receiving the approval notice (which takes another 3 weeks or so).

Approval receipt should come quick after your approval. It should not take more than couple of days. To qualify for application this time you need some short of approval proof and which is your I-797 approval notice which will be received in mail. By the time your new employer can process your LCA which will take about a week to ten days and there you can utilize your time.

I hope this helps.

[AppleInMyHead]

Approval receipt should come quick after your approval. It should not take more than couple of days. To qualify for application this time you need some short of approval proof and which is your I-797 approval notice which will be received in mail. By the time your new employer can process your LCA which will take about a week to ten days and there you can utilize your time.

I hope this helps.

That was helpful. Thanks for the info..!!