Immigration Issues/H1B transfer and OPT

Advertisement


Question
Ajay,

Firstly,Thank you for answering all my previous questions with such promptness, it really helps. I earlier told you my OPT expires on 19th Sep and I have approved H1B with co. A effective Oct 1. I want to start working for Co. B since I have an offer and it is a better opportunity. So I have 2 questions.

1. Will Co.B apply for new H1B and do I fall under same masters quota, and can i be done via premium processing? Instead can Co. B transfer H1B before Oct 1, though I am currently on OPT till Sep, 19th

2.  I have cap gap document for Co. A. Can I use the same for Co. B if my new H1B petition gets approved by Co. B

3. What paperwork must Co. B file so that I can start working with them as soon as possible.Can you please advice

Thanks for all your help so far. I really appreciate it.

Jay

Answer
Hi,

Please see our earlier response: 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).

You will not be subject to the visa cap, as you already have H1B approval through Co. A.

Co. B can file H1B through premium processing. You should see the DSO (also known as International Student Advisor) at your university for cap-gap issues so that the I-20 can be revised. As to the paperwork required to be filed by Co. B, we provide an idea here: http://h1b1.com/files/faq.htm#Checklist but please note that the employer will sign the H1B petition; your signature is not required anywhere. If Co. B does not have a solid grasp of immigration law, you can ask the employer if you can select your own attorney to prepare the H1B petition for the company's signature.  

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.