H1b Approved transfer to new employer before October1st with H1b approval

[ravs_22]

Hi All,

I am currently working on my OPT extension that expires on October 15th 2013.

My current employer filed for H1b visa this year, for which I received approval with premium processing,

1) can I change my employer before October 1st 2013?

2) Can the new employer file for H1b transfer before October1st 2013 from my current emplyer to new employer?

3) If H1b transfer is approved can I start working for new employer before October 1st as I still have my OPT extenion untill October 15th.

Please help me with my questions, appreciate your help, thanks in advance.

[nvallabh]

I am in the same scenario....I hope there is a solution...

[Nicky123]

This one is answered for me. Please follow the link. http://forum.murthy.com/index.php?/topic/56012-h1b-transfer-before-the-oct-1st-start-date/page__fromsearch__1

[wiweq]

To be more specific: Once your H1b is counted towards quota, you can change your employer. Counting towards quota means your H1b is approved. Rejected from lottery or resulted in denial H1bs don't fall in this category. Once counted, new employer can file cap-exempted H1b for you in next 6 years. This can be done even before start date (Oct 1st).

[0407]

wiweq,

what about H1Bs, say H1B is approved in 2013 Quota (one that opened on April 1, 2012), and later withdrawn

after the approval? Is the beneficiary still cap counted after the withdrawal? Even is he never joined the employer

(but was present in US when H1B COS was approved and moved to H4 few weeks after H1B approval)?

[nvallabh]

If the new employer(say B) applies for a new H1B, will the H1B already applied by employer A(current employer) and got approved be cancelled??

So should employer B be applying for a non-cap H1B now(since cap quota has already filled for this year) for me to start working with them before october 1 2013?

What wil happen to the current approval of H1 that I am having?(The one I got throught employer A, that was applied on April 1 2013).

If i have to say mve from employer B to employer C. Do I have to go through cap again.(since employer B is not applying for a non-cap for me this year).

Thankyou

Regards

N

[wiweq]

wiweq,

what about H1Bs, say H1B is approved in 2013 Quota (one that opened on April 1, 2012), and later withdrawn

after the approval? Is the beneficiary still cap counted after the withdrawal? Even is he never joined the employer

(but was present in US when H1B COS was approved and moved to H4 few weeks after H1B approval)?

Yes. As I said, approval is the only condition.

[0407]

Thanks Wiweq. Is the scenario different if USCIS revokes the petition? I understand that

USCIS can revoke the petition if it finds that beneficiary is no longer employed. It can

also revoke the petition for fraud. In which of the above scenario is beneficiary still

cap exempt?

[wiweq]

Thanks Wiweq. Is the scenario different if USCIS revokes the petition? I understand that

USCIS can revoke the petition if it finds that beneficiary is no longer employed. It can

also revoke the petition for fraud. In which of the above scenario is beneficiary still

cap exempt?

Revocation or cancellation of H1b only happens if its approved once. Approval is the only requirement.