H1b Transfer Dilemma!

[mgangardiwala]

Hi Everyone,
Thank you for all the support we get from this forum I have a scenario. I work for a company called X and my employer is Y. Company X likes me and wants to convert me into full time employee. I am in a situation that my OPT is exhausted and I am right now on CPT. My h1b did not get picked up in 2014. I am reapplying right now, as the only status I am on is CPT for which I have to be in school and pay the fees.
In my scenario, as much as Company X wants me on onboard as Full time, they are not ready to file my H1 b. They expect that my company Y files it and they transfer it. The catch in this situation is that I am a contractor with company x and they have clearly stated that they will not extend my contract after april 12th 2015. I have to come on as a fulltime employee or else contract terminated.Also they will not do a fresh application So
1. So, can I transfer my h1 b to company X from company Y considering it is picked up and I get a reply by April 20th or end of April.
2. I am told that before October it is not possible as I have to receive the approved EAD in my hand to transfer. IS it true?
Please reply and help me in this situation as I have to switch into a new contract a new client in case

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[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on March 26th - Please review comments from other users.

[DesiOPT-FaceBook-Fan]

If company X is willing to apply for H1B go for it and once it's got approved you can transfer to company Y before Oct 1st but you can't work on H1B before Oct 1st.

[DesiOPT-FaceBook-Fan]

Lets call Y the Client and X the Consultant.

I would advise to keep away from The Client because they would cause you only trouble and be of no help in RFE and further Green card processing. Be advised there will be RFE no matter what in case of CPT to H1b transfer and your employer will need to give supporting documentation.

In any case you cannot transfer to The Client on April 12th because you will not have approved H1b or even will not have receipt by then. As you already said the Client will not extend your contract after Apr 12 no matter what and thus you will have to continue working for your Consultant till Oct 1st.

Be advised that Clients will not help you out in your issues like your Consultant does no matter how valuable you are for their work.

But if you some how love the client so much and what to do this take help from your Consultant explaining what you want to do. You will see Consultant will generally be helpful in complex situations.

[DesiOPT-FaceBook-Fan]

Even if u appln is picked, ur h1b starts from oct 1. so u won't be able to transfer h1b before oct 1. At this point, h1b is more important for you than a full time job. So, if ur client allows you to become a full time employee on cpt, then go ahead and do that from april 12. Later when ur h1b appln is picked, u can transfer ur h1b from employer to client after oct 1.