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Immigration Issues/H1B transfer in OPT status

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Question
I currently in OPT status (expires in dec 07) My H1B has been approved by Employer A (NY) and is effective from OCT 1, 2007, I wish to work for Employer B (IL) ASAP, As I want to move to IL, The H1 cap is almost over, so I can only transfer my H1B...CAN I DO THAT? WHAT IS THE PROCEDURE?

Q2 : IF I QUIT EMPLOYER A, WILL MY H1B BE INVALID? CAN I STILL TRANSFER IT

Answer
Hi Akash,

The regular visa cap has been reached, and the U.S. Master's degree cap will be reached any day (actually, it has probably already been reached but has not yet been announced). Therefore, it is too late to request change of status from F-1 (OPT) to H-1B through Employer B. Incidentally, you can work for Employer B on your OPT until the end of September.

What you will need to do is wait until the beginning of October and then have employer B file an H-1B petition requesting "extension" (commonly known as "transfer" of H-1B, although the USCIS does not use the term) of your H-1B status. The USCIS will want to see a couple of recent pay stubs from Employer A before both approving the H-1B petition through Employer B and granting extension of status as well through Employer B (with new I-94 attached to the bottom of the H-1B approval notice).

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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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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