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  • H1 B Transfer

    Hi I am currently working on OPT STEM extension and my H1B visa is approved ,when I filed my H1 ,it was under the cable notification,which means the status wont be changed automatically,I will have to go back to the country of origin to get it changed,before my STEM expires.

    So I got a new job which is not e-verified,so to accept that offer,I will have to change status to H1.They said they will be doing the transfer,but beofre joining I will have to go back to India and get it stamped and then I can come back resign from my current employer and(since they can still allow me to work on my OPT STEM),so I have following questions

    1.Can I work for my current employer once my H1 is stamped for my future employer?
    2.Should I get it stamped from my current employer and then come back and start the transfer process

    which would be the safe option or is there any other option?

    Thanks a lot for your help.

  • #2
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    • #3
      your message was posted as anonymous on Facebook wall- (Sept 27th)

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      • #4
        Originally posted by Divyansh Madan View Post
        Hi I am currently working on OPT STEM extension and my H1B visa is approved ,when I filed my H1 ,it was under the cable notification,which means the status wont be changed automatically,I will have to go back to the country of origin to get it changed,before my STEM expires.

        So I got a new job which is not e-verified,so to accept that offer,I will have to change status to H1.They said they will be doing the transfer,but beofre joining I will have to go back to India and get it stamped and then I can come back resign from my current employer and(since they can still allow me to work on my OPT STEM),so I have following questions

        1.Can I work for my current employer once my H1 is stamped for my future employer?
        2.Should I get it stamped from my current employer and then come back and start the transfer process

        which would be the safe option or is there any other option?

        Thanks a lot for your help.
        Your question is very confusing. You say your new employer is asking you to go to India and get stamped for the H-1B for your previous employer or for your new employer? You can’t get stamped for new employer until a new H-1B is approved. Also, if they want you to start, why don’t they just file a change of status petition from F-1 to H-1B? Then you don’t have to go for stamping. You should speak with an immigration attorney (http://www.visaprolaw.com/immigration-attorneys) as it seems that this is a very complicated situation.

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        • #5
          Get it stamped with current employer and then transfer.. Go Jamaica Go.. Its also a good thing if you can generate atleast a couple of paystubs before transferring..

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