Immigration Issues/OPT-H1B visa

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Question
QUESTION: Hi Ajay,

I am currently working on OPT (getting expired on Dec 2012). My current employer company A going to file for H1 visa this year. The question is If I applied for expedite process and get H1 approval in May/ June, for H1 being effective from Oct 01, 2012, if I get any opportunity for Company B before Oct 01, 2012 and wants to join company B, is it possible to get H1 transfer before Oct 01, 2012 or I need to wait until Oct 01, 2012 and then apply for H1 transfer to Company B or I have to keep working on OPT for company A when I am in process of getting H1 transfer to Company B till Oct 2012 or I can join Company B and start working on OPT and asked them to file for H1 transfer and once I have new H1 I can start working for Company B on H1 visa?

Please advice.

Thanks.

ANSWER: Hi,

You can work for any company on OPT until H1B status through takes effect on Oct. 01.

Co. B can file an H1B petition for you: www.h1b1.com/concurrent.htm If it files before Co. A's H1B petition is approved, the petition will request "change of status" from F1 to H1B. If Co. B files for you after Co. A's petition has been approved, the petition will request extension of status.

---------- FOLLOW-UP ----------

QUESTION: Thanks Ajay.

But my main question is can company B applied for H1 transfer before Oct 01, 2012 or I have to wait until I have at least 2 pay check from Company A ? Because my current contract with company A's client is getting end in Nov 2012, Company A is applying for H1 visa, if the contract with client will not extend after Nov 2012 than I have to look for another opportunity and If I find opportunity at Company B before Oct 01 (and I also get approval for H1 for company A) at that time is it possible to apply for H1 transfer because I still not have any pay stubs from Company A because it's before Oct 01.

Please advice.

ANSWER: Hi,

Co. B can file for you anytime. If the H1B petition is filed before Oct. 01, recent pay stubs from Co. A will not be required. If Co. B files an H1B petition for you after October 01, recent pay stubs from Co. A will be required.

---------- FOLLOW-UP ----------

QUESTION: Thanks.

So that's means if I want to change employer A (with whom I am going to apply for H1) to B before Oct 1st, I don't need any pay check from company A, right?

Also I have one more question, is it possible to change field on H1 visa. I.e., if I applied for H1 currently on the job in Scientific field and after Oct 1st if I get opportunity in IT field, is it possible to transfer H1 from scientific to IT field.

Please advice.

Answer
Hi,

Correct, you will not need any paystubs from employer A.

If you are qualified to perform the offered job in the I.T. field, and the position offered by employer B requires a relevant degree and/or equivalent experience to perform the offered job, you can change fields.

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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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