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Immigration Issues/H1B transfer and (un)employment issues

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Question
Hi

I am currently on OPT stem extension and got my H1b approved as well.
Can I transfer my h1 visa? which is approved but its not started (s its not October yet)

Also what if one gets lay off after H1b got approved but before october. Can I still transfer the H1 to new company.

Will my OPT extension gets affected by this.

Please let me know.

Answer
Hi,

Assuming that the H1B employer does not revoke its H1B petition prior to October 01, as a practical matter another company can file H1B petition for you and it will not be subject to the visa cap. If filed prior to October 01, the USCIS will not expect recent pay stubs to be attached to the H1B petition filed by the new employer. If the H1B transfer petition is filed after October 01, recent pay stubs from the current H1B employer must be attached.

Employment (or lack thereof) in F1 status under OPT should be directly addressed with the DSO at your university.

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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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