H1B transfer before joining first company

[mailneo28]

Hi,

I am a student who do not have any OPT left as am doing my second MS.

I got job in seattle with an MNC and the company also applied for my H1B visa which is approved as well and am supposed to start by nov 2012(I haven't done any paperwork with them as well).

Now in the university careerfair I got another job in san francisco, which is like my dream job.

Can I join this other company and transfer the approved visa.

NOTE: my first company hasn't given me any visa details apart from the fact that it is approved.

[mailneo28]

any help here?

[pontevecchio]

Get your copy of the approval from HR and then the new company can file a H1 petition for you.

[mailneo28]

Get your copy of the approval from HR and then the new company can file a H1 petition for you.

Thanks for the reply.

Do I still need to file the H1 petition? Even after I got it approved?

[pontevecchio]

You do not. The new company has to. Every company you work for in H1 status has to file their own H1 petition. The word transfer is a misnomer.

[mailneo28]

You do not. The new company has to. Every company you work for in H1 status has to file their own H1 petition. The word transfer is a misnomer.

Thanks @pontevecchio for the replies.

Just an additional question. When you say that the new company has to apply for H1 petition, then does that mean I will have to get again into the 65K or 20K slots?

[pontevecchio]

Assuming you can prove you were cap counted the petition would be non cap. Stop wasting time and let the new company handle it. You give them all the facts. Obviously you have some talents they can use since they offered you the job.