H1b transfer before october 1. You can technically get your H1B transferred to company B.
H1b transfer before october 1 Hello! I'm currently on F-1 visa and already received my H1B approval (I-797) through my current company (Company A). Apr 4, 2024 · approve ayyaaka . Aug 8, 2012 · 2 h1 is valid from oct 1 . com#uscis #uscisnews #usavisas #usavisaprocess #usimmigrationne Apr 23, 2013 · Hi All, I am currently working on my OPT extension that expires on October 15th 2013. It might be transferred before September 30. The new employer must file an H1B visa transfer petition with the USCIS, including an LCA and Form I-129. Company B applied for my H1B visa and I got RFE. You must work for the employer that got your H1B first. May 14, 2015 · 楼主问了10个关于H1B transfer before Oct 1st的问题，而且是非常细节的问题。 比如说最近移民局的新规定或新理解怎么看，没有2 pay stub怎么办等等。 张律师做了非常详细的解答。 Mar 20, 2023 · Find out how you can do H-1B transfer before October 1st. company-A). However, you must have active H-1B status first in order to make the switch. I understand the H1-B transfer will happen in October and then I will have to get a stamp from home country. 3. Can I transfer my H1b to a new employer before October 1? My H1b petition has been approved but not activated yet. appati dhaaka he will be on F1 status 2 Quote Aug 31, 2018 · Applying for H1B transfer before October 1st. If my name is picked up in the lottery: 1. Assuming company does not revoke the petition (see 1. Can i transfer my H1B before Oct 1st? PS. It is a change of status application that is not subject to the annual H-1B cap because you have already been counted towards the cap based on your current employer’s approved H-1B cap case (i. Aug 17, 2014 · H1B transfer before October. Jul 31, 2018 · You will automatically be in H1B status on October 01 if the employer requested "change of status" in its H1B filing. Can the new employer apply for a transfer before Oct 1st and before Hi all. Can any one please guide me if transfer is possible after approval and can have october 1st as my start date? Any inputs Or do I have to start a job before Oct 1? I read a couple of accounts where H1B transfer was possible before Oct 1, but I’m still fuzzy on the details. I have a valid H1B approved but it goes into effect in October. Jan 22, 2025 · • Once your new employer’s petition is approved, you will be able to start working with them on the October 1 start date (or sooner if the transfer petition is approved before that date). I am considering switching employers. I’ve read from various law firms online that I can transfer my H1B between approval and Oct 1st to new employer (doable but not advisable). Hence, I was thinking I should pay out of pocket for the premium processing of my H1B, so that I could get my petition approved before a potential layoff. Back to square one. How to attend the training in UK before Oct 1st,? Sep 2, 2021 · In FY 2021, USCIS rejected H-1B filings for stating a start date that is after October 1. Aug 26, 2021 · H1B transfer before October 1? Hi, I am currently on STEM OPT extension and I work for employer A with an approved H1B (COS) set to start from October 1. Disclaimer Is my answer "BEST ANSWER" and/or "HELPFUL"? May 16, 2022 · My H1b was picked this year and my stem opt expired in May 2022. I have resigned company A and my last day is Oct 18. Consular Processing Cases (Outside the U. ), at this point I am on an H1 but unemployed so in the H1 grace period of 60 days. To be on the safe side, do the transfer after Oct 1st. If you are currently in the U. Can I change my. Customer: can I change the employer before October 1 with i-797 approval notice? Lawyer's Assistant: Have you talked to a lawyer about the H-1B visa? Customer: My H1B was picked up in lottery last week i am thinking of filing petition on a premium processing Lawyer's Assistant: Is there anything else the Lawyer should know before I connect you? Mar 11, 2025 · If selected in the lottery and approved, the H1B would typically be effective October 1, and your status would change to H1B on that date without needing to leave the U. If the H1b is approved, can I do the H1b transfer before my change of status from F1 to H1b on October 1, 2022 if I find a better opportunity? May 31, 2014 · By the way, based on the contents of NOID I got, looks like - even if my H1b transfer had been approved before revocation, I would have still got a NOIR (notice of intent to revoke) after my original petitioner revoked the visa. Can the new employer apply for a transfer before Oct 1st and before You need to have 2-3 paystubs after October 1st with your H1B sponsored company before initiating a transfer October 1 st or Can I include earlier ones too You can technically get your H1B transferred to company B. Jun 19, 2022 · Submitted by Rajiv S. Jun 10, 2014 · Technically, the H-1B petition filed by the company-B is not a transfer petition. ) but if your OPT expires beyond October 01 the H1B revocation prior to October 01 will continue Sep 24, 2019 · My H-1B petition was filled with Employer A during my F1 OPT STEM extension, and it was picked Effective from October 1. I am currently on STEM OPT with 6 months remaining. I typed it wrongly. I'm selected for the H1B lottery this year (first attempt). Aug 14, 2024 · A: Yes, you can transfer your approved H-1B to a new employer before its activation on October 1. Or, if I file a premium processing for my H1b from company A, and if it gets approved by end of May, is it possible to transfer that H1B to Company B before October 2024, which would be the official start date for her H1B? If yes, what would be the procedure and are there any risk associated with this? Thank you. 2-Work with X in F1-OPT till September. Ask a Free Question May 23, 2015 · Hi, My H1B application applied through Employer A got selected in lottery and now in RFE. I have an offer from company B, with an mid-July 2016 start date. If company A decides to retaliate and sends a withdrawal notice before Oct 1st, then you lose the H1B completely. It's worth noting that portability—where you can start working for a new employer as soon as the petition is filed—doesn't apply when transitioning from H4 to H1B. Apr 12, 2024 · According to the responses, here are some key recommendations for managing the transfer process smoothly: Give Yourself a Buffer Before Resigning “I wouldn’t resign from your current employer until you have received a receipt notice from USCIS for the H-1B transfer petition filed by your new employer. H1B transfer is not yet filed. Prior to October 1, 2014, you will not be able to change status to the H-1B. I got a f Aug 8, 2012 · 2 h1 is valid from oct 1 . Otherwise, you might need to amend your petition. Or, prepare the change of employer for filing on Oct 1. I have a few interviews coming up as well. Jun 8, 2018 · Are you wondering how to transfer H1B before start date of October 1 or without pay stubs? In this article, Immigration Attorney Emily Newmann explains the law and rules behind the H1B transfer to new employer before the H1B Visa start date. Unfortunately I have been impacted by the mass layoffs at my current company. May 3, 2015 · Hi There have been some changes in USCIS rules regarding H1 transfer before Oct 1. Employer B informed me that they will file my H1B transfer in as soon as I start working with the Hey fam! I'm on OPT, (awaiting STEM extension) and got my H1-B approved (Oct 1 2023) in first lottery this year. If H1b transfer is approved before Oct 1st , can I join company B before Oct 1st? Is it safe to apply for a H1 B Jun 28, 2019 · Can I transfer H1B before October 1st? Post your question and get advice from multiple lawyers. Make sure the petition says the same story. (My Fresh H1b is Mar 6, 2025 · The employee can start working on October 1 without leaving the country. 1st. My question is what happens if I get laid off after approval and still unemployed by Oct 1 (no new employer to transfer my h1B to)? or if I get a job outside of the US/have to leave the country? Where the H1B cap employer will not revoke the H1 before Oct 1, a H1B change of employer petition may be filed for an Oct 1, start date. Apr 1, 2024 · 2. ): The employee must schedule a visa stamping appointment, obtain the visa, and enter the U. Aug 31, 2013 · I am on L1B Visa valid till October,24 2013 with Company A. ” Aug 19, 2013 · currently I am working on a L2 EAD, my employer had sponsored H1B with COS which is approved for FY2014. Since your I-797A is still active and has not been revoked, the new employer can file an H-1B transfer petition on your behalf. My employer filed the H1b documents via premium processing before my stem opt expired and I’m waiting for the decision. It applied for my h1b which was picked and is now approved. In your case, it is Jan 2024. Mar 13, 2022 · Simple question: If picked in the lottery and case approved via Change of Status, is it possible to transfer before the Oct 1 official H1 start date? TC: 150 #workvisa #h1b Customer: My h1b got approved and its effective from 1 October 2023, can I start h1b transfer to new employer B from my current employer A( through which I filed h1b), before 1 Oct 2023? I am trying to switch employer. If the H1 is secured (lot of 'ifs' here), another company could file to take over the H1 and my spot on the H is already secured, I won't have to go through the application again. Currentlyy, I'm under OPT STEM extension (end date Oct 2017). I have an offer from another employer and was wondering if I can begin working with them on my OPT and simultaneously have my H1-B transfered before it becomes active? Has anyone done this before/ know if this is possible. From this discussion you’re saying:1-Let Y apply for the petition (not a transfer petition) and get it approved. If you’ve selected for an H-1B transfer after October 1st, the good news is that your petition with Company A will either have already been approved or denied. Hello all, thank you for reading this I was picked in H1-B lottery this year and my H1-B is approved. Company C can still file a new petition instead of a h1b transfer and you might not need a lottery. Sadly, i am getting PIPed soon. Hello, I recently graduated from University and I'm currently on F1 OPT. So, you are free to do whatever you want, like, transfer or resign or go back to your home country etc. May 25, 2017 · Ask a Free Question. 1) If meanwhile I got good offer form Company C. Once I'm past 1st Oct I'm in H1B staus provided my petition start date is 1st Oct. But it is super super risky. Jul 26, 2022 · My H1B has been approved with an effective date of October 1, 2022 (same employer as the STEM OPT). I got a consulting job with B and plan to start working on Oct 21. before October 1 of the given year, or if they consular process, prior to the May 13, 2023 · My H1b got picked in the lottery this year and the H1b petition has been approved. EDIT: I am seeing mixed answers online but the answers do lean towards you will lose your H1B spot. S. However, the dynamics Aug 19, 2013 · Currently I am working on a L2 EAD, my employer had sponsored H1B with COS which is approved for FY2014. But now I got an offer from Walmart(SDE3), Sunnyvale, California location. The employer's lawyers say that if I find a job within the firm before June 30 (my last working day), they can amend the application easily. Jun 9, 2021 · Theoretically H1B can be transferred before Oct 1st with COS, but it doesn’t mean Google law firms will do it. H1B Visa. Can I join Company C before transfer is done, as I am on STEM OPT (OPT is valid till 10/28/2016, can be extended to 05/28/2017)? You're going to be H1B on Oct 1st, so you don't need to extend the OPT. If H-1B Processing Extends Beyond October 1 Oct 1, 2014 · H1B transfer on or after 1/Oct/2014. Post your question and get advice from multiple lawyers. Aug 18, 2015 · Hi, I am working for Employer A on OPT(valid until Nov 2015) and got my H1B from Employer A. Khanna on Fri, 06/24/2022 - 12:52 Permalink In reply to H1B Transfer before October 1 by HARSH SHARMA (not verified) H1B Transfer before October 1 If the employer who filed your H1B revokes it before October 1, the current thinking of the USCIS is that you have lost your place in the lottery. I am currently working with the company X on OPT. Important Considerations Before Changing Jobs Mar 6, 2020 · An H-1B transfer is intended for individuals who want to change from one employer to another. Jun 2, 2016 · Hi, My employer (Company A) applied for my H1B and my case is approved with a start date of Oct 1, 2016. Employer Y is ready for H1-B transfer. If your H1B is approved before October 1st to start the H1B job on Oct 1st, you can file an H1B transfer to the new employer on Oct 2. wiweq. I have been looking for a switch and currently attending interviews from other employers, with some of them looking very positive. H1B transfers pre-October are allowed; process involves new petition, not a transfer, aligned with USCIS guidelines. You are free to switch jobs on STEM OPT however but you will lose your H1B selection spot. The law around this is Apr 10, 2024 · At a Glance. Anonymous_Z June 25, 2023, 11:18pm 1. 3-Get Temporary break from X4-Move to company Y from Oct 1 and initiate H1B transfer from company X (my old Jun 19, 2022 · Submitted by Rajiv S. H1B transfer will get filed in regular processing before Oct 21. Apr 5, 2024 · H1B transfer before October 1. If so, you can have the H1B employer file an H1B amendment for part-time instead of full-time work. I have a meeting with the immigration attorney and want to know what I can ask of my company so I can still get the H1B approved. The petition start date is October 1 2017. They are keeping me on payroll till July. Now, is it legal to apply for H1B Transfer through Employer B to start the employment with Employer B from October 1 . If H1b transfer is approved before Oct 1st , can I join company B before Oct 1st? Is it safe to apply for a H1 B Aug 16, 2014 · H-1B Transfer before Oct 1st maybe a risky thing, as I heard from a couple of attorneys of prospective employers that a new regulation has been effected by USCIS in May 2014 particularly around H-1B transfer. Apr 5, 2024 · Yes, you can transfer your H1B to a new employer before October if you have been selected in the H1B lottery. Luckily, the company I interned with is ready to take me back. e. on an H-1B visa and have been offered another job opportunity, you have the option to follow the H1B transfer process. Q: What happens if my H1B transfer is denied? A: If your H1B transfer is denied, you may need to stop working for the new employer and take corrective actions based on the reasons for denial[1]. My h1b was picked in this years lottery and was approved with COS. I dont think you can get H1B "transfer" done before October 1. If I get a job offer from another company (Company B), can I transfer my H-1B and start working with Company B before October 1st? A: Yes, you can transfer your H1B before October 1 if you have a valid H1B visa[4]. Starting the H1B Transfer Process. This process is known as an H1B transfer or employer switch. Ask a Free Question Apr 10, 2017 · Hi, My company X has applied for my H1-B on April 3 2017. Get a visa stamp for employer B and return to the US. Individuals with H-1B visa status, or previous status, have the ability to transfer to a different employer. However there is a chance that my company may shut down/down-size/get acquired in the next few months. Now that I got a better opportunity with Employer B, I'm about to start working with Employer B on my OPT. You can technically get your H1B transferred to company B. as his H1b will be activated from Oct-1 only. Jul 31, 2012 · I am currently on OPT and my H1 starts in Oct 2013 (has already been approved), but I want to start with another company who is willing to transfer my H1 B. I got a f Instead, i want to have H1B transfer from Y where I don’t started a job yet to X. Also, I got my H1B picked in the first attempt and is now already approved. Jun 25, 2023 · H1B Transfer before October. 2. . Oct 9, 2024 · I am working with company A(full time) with H1B valid till end of 2027. As of August 30, 2021, USCIS has updated its own web pages to acknowledge that H-1B cap-subject petition may have a start date that is after October 1. Those rejected were given the opportunity to re-file. Regarding transfer, On October 1, you become H1. 30 views, 0 likes, 0 loves, 0 comments, 1 shares, Facebook Watch Videos from Sakshi TV USA: H1b transfer before October 1 after selection in H1B lottery #nritalkshow #nri #immigration #h1bvisa Oct 18, 2023 · The H-1B nonimmigrant visa is a valuable pathway for skilled foreign workers seeking employment opportunities in the United States. ) but if your OPT expires beyond October 01 the Aug 23, 2022 · How does H-1B transfer before October 1 work? If you are planning on transferring your H-1B visa to a new employer before October 1st (if that is the first working day of October), then your new employer will have to submit a new application. Jan 14, 2025 · H1B Transfer Before October 1st. Can I change my employer before Oct 1 2015? Also since my employer is not sharing my H1 receipt #, is it advisable to put in a FOIA request to get the same. Aug 15, 2024 · It sounds like you are in a different status (like F1 with OPT) now and plan to change to H1B starting October 1, 2024 but the H1B employer (current OPT employer) will not have full-time work available for you starting October 1. Jun 27, 2013 · Currently on stem opt with e-verified employer, Employer A applied for H1 and im sub contracting with my current employer with Employer A, I want to transfer to employer B and start working before oct 1st. But they aren't sure if a change of employer can be filed and approved before it H1B gets activated on Oct. Is it possible to change employers before October 1 and transfer H1b now that I have gotten the approval? May 14, 2023 · Generally, it is best to file a H1B change of employer petition Oct 1 after the registering employer files a H1B petition and doesn't withdraw the H1B approval before Oct 1. So if you were laid off before Oct 1, you were never on H1-B. Will it be possible to transfer H1-B before Oct 1st to new employer by raising new LCA?? or do we have to wait till October 1st, 2024 to activate H1-B and then tr Oct 1, 2016 · So can I make H1B transfer from Company B to Company C without Paystubs before Oct’ 1, 2016? Yes. Disclaimer Continued with the understanding that the H1B remains valid even without a paycheck from October onwards Until September 30th '23: Accrued 60 days of STEM unemployment October 1st '23: Status changed to H1B, assumed to be on 60 days of H1B grace period October 15th '23: Previous employer filed for I-129 withdrawal Yes, doesn’t know. USA. Large companies are usually on conservative side about initiating the process if they feel risk. H-1B transfer before October, 1st. I just got a new job and they want to apply for a h1b transfer visa BEFORE oct 1, basically before I even start my h1b visa. My current employer filed for H1b visa this year, for which I received approval with premium processing, 1) can I change my employer before October 1st 2013? 2) Can the new employer file for H1b transfer before Mar 16, 2015 · Dear all, Heard something like, from this year onwards, you cannot do H1 transfer from company A to company B before October 1(if company A has filed your first H1b when you were in OPT and your pettition got picked up in the lottery and got approved). My h1b got picked in this year’s lottery and has been approved. During this time I got an offer from Employer B and they applied for my H-1B transfer and I have a H-1B approval notice effective from October 1 as well: Now, 1. The only condition is that your lottery employer must not send a request for revocation of your H-1B before October 1. Jun 26, 2022 · You can transfer H-1B before October 1 once you have been selected in the H-1B lottery and have obtained an H-1B approval. I was surprised but a lot of people don’t know it is possible. The short answer is YES you can, I know someone that switched before October last year even before getting his approval, we worked in the same company and it happened before my very eyes. The visa holder does not have to receive permission from the former employer for the H-1B visa transfer, though the individual does need to follow non-compete laws or any other contractual agreements the individual might have conceded with the employer. Aug 18, 2015 · All posts are moderated, so it will take time for your post to appear! Aug 30, 2021 · I agree with my colleague. I'd suggest you to talk to your university DSO. Can I start the H1B transfer process on October 1, 2022, or should I wait for 2-3 pay cycles after October 1, 2022 before initiating the H1B transfer (to fulfill the most recent 2-3 paystubs requirement)? Jan 19, 2024 · These positions typically require a minimum of a bachelor’s degree. My company’s lawyer did all the back end work. To be able to transfer to a new company, a valid status is necessary and it is only acquired after the H1b employee starts working, on October, 1st. If that happens then you still get Wait, actually now reading again - If your H1 was approved as a COS, it begins on Oct 1. If someone has experience, can they elaborate? 2. Thanks for correcting. Currently my H1 is pending, planning to do premium to get approval. Can I transfer my H1b for Company C before I start working for Company B. Apr 22, 2017 · This is what i found: "In a May 21, 2014 Teleconference between the American Immigration Lawyers Association (AILA) and USCIS, the agency addresses the issue of withdrawal: If the H-1B is revoked before the beneficiary can be considered in H-1B status – i. The bottom line is -> if it is a new h1b, wait until Oct 2, to file any transfer. Sep 6, 2024 · While it is possible to get it transferred if the employer does not withdraw the H1B petition before October 1st. Find answers to common questions about H1 transfer, such as pay stubs, visa stamp, non-compete agreement, and more. My selection just got picked on July 29th, but I also heard that my company may do layoffs in late August. Lawsuits were filed and USCIS lost. Lets say that the application gets approved by August 2015. Technically speaking, transferring to a new employer before starting working at the sponsoring employer is not possible. I have an offer from company Y on April 10 2017. Learn how to transfer your H1 visa to a new employer before or after October 1, and what documents and conditions are required. Currently I am on Can’t transfer an H1B that wasn’t activated. They'll be able to check if you'd still be able to go back to F1 status Hey everyone Currently on F1 and OPT-extension, I work for Company A. H1B visa holders can transfer to a new employer by fulfilling contractual and non-compete obligations. Your friend would need to either work for company A for at least one pay period after Oct 1, or leave the country before Oct 1, have employer B file requiring consular processing. To initiate an H1B transfer, you must first accept the job offer from your new Your H1B will activate either on your start date or Oct 1 whichever comes last. apudu client can initiate h-1b transfer . you can not work on h1b before oct1 2012 for FY2013 cap. Q: Can I travel while my H1B transfer is pending? My h1b got approved and its effective from 1 October 2023, can I start h1b transfer to new approved I-129 no earlier than 10 days before October 1, 2023 to begin Aug 20, 2024 · My H1-B is approved with current employer and will be in effective from Oct 1st 2024, I have received an offer from different company. that too after Oct-1-2024. Can I file for a transfer of H1 B with another employer before it actually starts on Oct 1st 2013? If yes, what would be the documents required to file the transfer before Oct 1st. The employer can revoke its H1B petition, and if it does so before October 01 and you are in "cap gap" you will not have F1 status either (except for grace period to depart the U. Legally, you can file an H1B transfer on Oct 1st as well, but USCIS may issue an RFE asking for previous H1B status which can only be proved if you were employed for at least 1 day. Company B will send RFE response with a week or 2. Possibly, better on or after October 1. If I apply for H1B in April 2020 get selected in lottery and get it approved before October 2020 I would still not be in H1B untill 1st Oct 2020, so I can't transfer it to any other employer. Sep 24, 2019 · My H-1B petition was filled with Employer A during my F1 OPT STEM extension, and it was picked Effective from October 1. up to 10 days before October 1, but work can only begin on October 1. My question is what happens if I get laid off after approval and still unemployed by Oct 1 (no new employer to transfer my h1B to)? or if I get a job outside of the US/have to leave the country? May 4, 2017 · Attempting to file an H1B with another employer before October 1st and/or approval of the cap H1B may result in the denial or revocation of the cap petition, which would cause the person to lose her/his cap number and entitlement to H1B status. Contact Attorney Feng: info@fengvisa. Company B is willing to hire and want to apply for H1B transfer before Oct 1st. naooc mcvnkl bseqcjc jxttrfb bmmrd twet mxjuu mlnz ald fcbuw crlah qur kdjnzm nwwxml majlwru