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Immigration Issues/Urgent: OPT and H1 transfer before H1 approved


hello everyone,

I just became a member and I have a situation for which I need some help.

I finished my MBA in NJ in December 2007 and my OPT period started in Feb 08 and is valid till Feb 09. I had joined a IT consulting company A and they filed my H1 in April 08. Currently I am working in a client company in MA for last 1 month. My H1 application got selected in lottery last week.
I was not happy with my job and I started looking for something in management field. I got an offer from a big company B in Boston and I want to take it. I have 2 pay stubs from IT consulting company A but my H1 is not approved yet. I want to accept company B's offer and I am confused.
My questions are:
1. can company B take over my H1 application at this stage??
2. Can company A cancel/terminate my H1 application at this stage?
3. Does anyone know good immigration attorney in MA?
4. What is the best option for me?

1) There is no provision in the regulations to do such a thing. Company B needs to file a fresh H application. Since you have been selected,(hopefully approved) you will be exempt from the H-1B quota. As you are currently on OPT and since the efffective start date for H is Oct, 2008. I would suggest that the company B to file for you after you receive the H approval but prior to Sept 30, 2008.
2) Unfortunately the answer is YES.
3) Any immigration attorney located anywhere in the US can help you.
4) I have no suggestions, I can only tell you what the rules are. It is your career choice whether to be in IT or management.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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