Immigration Issues/H1b Transfer

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Question
I am currently on OPT. It expires on Sep 13th. I also have approved H1B notice that will come into effect Oct 1 with Company A. I got a job from Company B. They are filing for my H1B transfer. Can I start working for Company B once they submit my transfer application to USCIS or do I have to wait till approval? I heard there is a new rule that I can start working in Co. B once application is submitted to USCIS. Please remember I am currently on OPT till Sep 13th, so does that make me eligible to start with co. B ?

Answer
Hi,

Co. B can file an H1B petition for you, but the requested start date cannot be earlier than Oct. 01 due to visa cap issues. Since your OPT has not yet expired, you can work anywhere until OPT expiration date of Sept. 13. If you want to work for Co. B between Sept. 13 until H1B status through Co. B takes effect, and thus take advantage of cap-gap provisions, I recommend that Co. B file an H1B petition for you requesting change of status from F1 to H1B prior to Sept. 13, rather than requesting extension of H1B status (since extension of H1B status can take effect only on Oct. 01).

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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