Suggestions for this scenario are appreciated

[nvallabh]

Hello group,

I am on STEM extension currently(ending 17 march 2014).

I have applied for my H1 through a consultant on April 1 2013 and got an approval.

I have a full time job offer from a firm that is ready to do a H1(they are ready to do a H1 but want me join immediately and are not interested in hiring me as a consultant).They wont be able to do a H1 as we all know that quota has been already filled up for this year. Is there any thing like transferring my H1 before october.

Is there any way I can start working for them as a regualr employee(not through my current consultant) sooner than october 2013(until my approved H1 kicks in).

Any suggestions would be greatly appreciated.

Regards

N

[sk.january]

Hello group,

I am on STEM extension currently(ending 17 march 2014).

I have applied for my H1 through a consultant on April 1 2013 and got an approval.

I have a full time job offer from a firm that is ready to do a H1(they are ready to do a H1 but want me join immediately and are not interested in hiring me as a consultant).They wont be able to do a H1 as we all know that quota has been already filled up for this year. Is there any thing like transferring my H1 before october.

Is there any way I can start working for them as a regualr employee(not through my current consultant) sooner than october 2013(until my approved H1 kicks in).

Any suggestions would be greatly appreciated.

Regards

N

As you have already been covered under the current cap, you can apply a cap-exempt H1B transfer (valid from Oct 2013) even if you haven't started working on H1B for the previous sponsoring employer.

If I were you, I would request the Full-Time employer for a H1B transfer before I can join their payroll.

Once the H1B is approved, I would then submit a resignation and work the notice period with previous employer and then join the full-time company on OPT/EAD card.

[nvallabh]

As you have already been covered under the current cap, you can apply a cap-exempt H1B transfer (valid from Oct 2013) even if you haven't started working on H1B for the previous sponsoring employer.

If I were you, I would request the Full-Time employer for a H1B transfer before I can join their payroll.

Once the H1B is approved, I would then submit a resignation and work the notice period with previous employer and then join the full-time company on OPT/EAD card.

Thankyou So very much.

I have spoke to an attorney who mentioned that USCIS might consider this a fraud...so better wait till october to do a trasnfer,

Also if the new employer applies for a new H1B(cap-exempt/ transfer) what would happen to the current H1 that I got approved.

Would it be revoked/?? would that be an issue?

I will make sure I will only transfer turn in my resignation after the new H1 has been approved.

Thanks again

Regards

N

[sk.january]

The new employer can file a new petition; you will just be holding 2 valid job-offers and 2 H1B petitions and nothing happens to your existing H1B approval.

Once you start working for the new company, you can let your previous employer know and they will withdraw the petition.