H1B Visa transfer before Oct 1st

[nikhilnash]

Hi,
I wanted to know what happens in the following situation. I am employed with company A which sponsoring my H1b in the current filing. I have a new offer form company B, but they are not able to include me in the current filing. Lets assume that i get selected in the lottery (filled by company A). Can I transfer the approved H1B petition from company A to company B? I actually know that this can be done. But the real question is that if I do transfer the petition from company A to B, and if company B withdraws my application before Oct 1st, will my entire application become void even if it has been transferred to company B? Just a reminder that this is not an actual transfer of H1B as your status is still in OPT. It is just a new petition by company B which is cap exempt as i already have the lottery.

In short, will my entire application be void if company A revokes my petition before October first even thought my approved visa petition has been transferred to company B. (Some lawyers did say that it is possible that your application can get void.) Its a grey area and many people have mixed opinions. Would like to get any feedback from people who know or who have done this. Thank you.

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[lisaanderson]

Hi,
I wanted to know what happens in the following situation. I am employed with company A which sponsoring my H1b in the current filing. I have a new offer form company B, but they are not able to include me in the current filing. Lets assume that i get selected in the lottery (filled by company A). Can I transfer the approved H1B petition from company A to company B? I actually know that this can be done. But the real question is that if I do transfer the petition from company A to B, and if company B withdraws my application before Oct 1st, will my entire application become void even if it has been transferred to company B? Just a reminder that this is not an actual transfer of H1B as your status is still in OPT. It is just a new petition by company B which is cap exempt as i already have the lottery.

In short, will my entire application be void if company A revokes my petition before October first even thought my approved visa petition has been transferred to company B. (Some lawyers did say that it is possible that your application can get void.) Its a grey area and many people have mixed opinions. Would like to get any feedback from people who know or who have done this. Thank you.

An employer should try not to file a transfer before October 1. It used to be allowed; however, last year, USCIS denied many transfer applications that were filed before October 1. It’s better if Comp B waits until October 1 to file the petition. Once a transfer is filed, if Comp B later withdraws the application, it doesn’t affect the original Comp A approval. Also, stay with Comp A until the Comp B H-1B is approved and they are ready to employ you.

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It the timing that makes things difficult, the duration for H1b approval, withdrawal and transfer and start date. Let think logical that if you H1b petition is picked in April and is regular processing it might take months before they give you an update on approval (2-5 months) if you get an RFE another 2 months and till that time you are working on CPT. Suppose your H1b is picked and is approved you will be on H1b status with that employer from 1st Oct... So to conclude transferring an H1b can only be possible after 1st Oct. I recommend be with employer A till you get your H1b approved then think whats best for you at any scenario if you H1b is picked not let it get withdrawn... Good Luck... Inbox me if you need help...

[nikhilnash]

It the timing that makes things difficult, the duration for H1b approval, withdrawal and transfer and start date. Let think logical that if you H1b petition is picked in April and is regular processing it might take months before they give you an update on approval (2-5 months) if you get an RFE another 2 months and till that time you are working on CPT. Suppose your H1b is picked and is approved you will be on H1b status with that employer from 1st Oct... So to conclude transferring an H1b can only be possible after 1st Oct. I recommend be with employer A till you get your H1b approved then think whats best for you at any scenario if you H1b is picked not let it get withdrawn... Good Luck... Inbox me if you need help...

Thanks for the reply. But here the scenario is that I will be joining a company in April on OPT (extension available till Dec 2016). The H1B is sponsored by another firm which I mostly will not join. Now I want to transfer that H1B, if approved (filing in premium) to the company I join in April. I consulted lawyers and this can be legally done before October 1st. But the only thing which they said is that since 2014, some H1B visa transfers were rejected which were filed before Oct 1st. So I guess there is no harm in trying, I have nothing to loose.

If I wait till October, then the transfer request will have to be filed exactly on 1st Oct to keep me in status with other company. The only risk here is that now if the H1B transfer is rejected, I will be stuck with the firm who filed for H1B and will also loose my OPT status.