Immigration Issues/H1B Transfer
I am on f1 and started my OPT from May 06 which is valid till May07. I applied my H1 from company A with start date Nov 06. Now I got another offer from Company B, the question I have are
1 Can I transfer H1B from Company A to company B before joining?
2 can it be done before approval or after approval?
3 I heard that if you transfer the H1 in first month then it is free and you dont require any transfer fees. is it true?
4 If transfer is not approved can I cancel my H1 and work on my OPt til May 07?
5 Are there any legal issues?
You can only work from whom you have an approved I-129.
Transfers are only acceptable if they are 'Intra-company' transfers. In other words, transfering from one division in Company A to another division in Company A. To go from Company A to Company B...Company B must sponsor you via a new I-129 which must be approved before you can go to Company B...and requires full fees.
And NO, you cannot go from H1B to OPT. Once you accepted employment as an H1B, the OPT became mute.