H1 B Transfer

[Divyansh Madan]

I got h1b approved this year with cable notification,which means I will have to go to india for stamping before my stem expires,but I want to change to a company which is not e-verified,so I would need to get on H1 b visa,so they are saying I will have to go india to get h1 b stamped on current employer ,come back and then get transferred to the new company,is it possible that they can do the transfer with change of status option and then when that is completed,I can give notice period to my current employer and then after that join the new company without leaving the country?

Please let me know what options do I have which will be safe?

Thanks.

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[DesiOPT-FaceBook-Admin]

Your message was posted as anonymous on Facebook wall- (Sept 30th)

[DesiOPT-FaceBook-Fan]

First thing if you are in a Legal status and have done thing as per USCIS you should have your COS approved. Means you should get I797 A, Please lets us know the reason that we can answer your questions correctly. 1) Changing of your employer will cause you few more troubles when it comes to stamping, there might be questions that you need to justify to get you H1b stamping and there are also chances that you end getting an RFE and waste some of you H1b work period. 2) This are the few options that I can think of, FIle and Amend but there are very likely changes that you application will not be approved as they know COS was denied. I also recommend getting a visa for Canada and apply for a interview from there or got to Jamaica. The Final option that I can think of is tell you employer to withdraw you application and coutinue with F1 status and since you have an approved H1b you Quota exempted. Inbox me if you have any questions... Good Luck...

[DesiOPT-FaceBook-Fan]

Its risky to change employer.. What you can do is get it stamped and then change the employer then.. If you dont want to go to home country then there is ONE way you can go to Jamaica and get the stamping done..

[DesiOPT-FaceBook-Fan]

For change of status to be applicable you need to get it stamped in your home country and once it is done then u can transfer to another company which is safe.

[DesiOPT-FaceBook-Fan]

1 it is not transfer but new h1 under cap exempt ..yes it is possible to apply cos with new employer ..

[DesiOPT-FaceBook-Fan]

2 as long as u r current employer does not withdraw u r h1 untill new one is approved ..