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Can H1B be filed by a different company with a joining date in future ?

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  • Can H1B be filed by a different company with a joining date in future ?

    Presently I am working at a company A which will not file my H1B.

    1.If I get a full time job offer from a company B with joining date after April 2014 and company B files my H1B in first week of April and it gets approved, can I start working at company B ?

    2.Or Company B cant file my H1B in April as I will be working at company A during that time ?

    3. In order to file H1B in April, do I need to working at company B from April 1 onwards or can i be working at company A from April 1 until my joining date ?

    I am on F1 OPT.

  • #2
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    • #3
      1. Not before 1st october if on H1B status. On F1 yes and if OPT expires before October you will be on cap gap.
      2. They can file your H1b.
      3. not necessary
      4. Yes. But being on F-1 should have a valid status since H1b status will start from October 1st.


      • #4
        1. Answer to 1st question is yes you can start working after April with company B.
        2. Company B can file your H1B as it is a future employment, even though you are working in company A at the time of filing.
        3. Nope you no need to. But if you want, you can work.
        4. You can work at company A until September 30th (Usually H1B starts on October 1st)


        • #5
          yo u r back on FB ??


          • #6
            1 yes but u r h1 start date can be oct1 ( u can join b with u r opt if u r in opt status )
            2 b can file even u dont work for them as of now ..
            3 nope ..
            4 yes ..


            • #7
              Is this valid even when the Company B is a consultancy?


              • #8
                Finally buddy