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

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Question
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?

Answer
Siddesh,
Answers:
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.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

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, www.ashleykrishnan.com

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