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  • H1b problem

    Hi

    I am in a peculiar situation I feel and would appreciate any help.
    I have been working with my company "A" and they refused to file my H1B at the last minute so I approached a consultancy firm to help file it for me. They have filed it and I haven't received any news of my H1 Lottery selection result as of yet. In this time I secured another full time job with company "B". So I want to join work with them . Now in case my h1b is picked my employer would be the consultancy firm. Is there a way for me to join work with company b since they need an answer ASAP. Also I have never worked at the consultancy yet so is it possible to transfer the h1 to my new company b without any pay stubs etc. do I have to work at the consultancy I would much rather pursue the full time job with company B .

    Any help would be appreciated again. Thank you

  • #2
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    • #3
      Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on April 27th - Please review comments from other users.

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      • #4
        Transfer of H1B before the start date will not be approved 100%. There are 50-50 chances it might get approved. It depends of the USCIS officer. Do it at your own risk. Also I would suggest not to leave your consulting firm until you get final approval from USCIS about your transfer.

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        • #5
          Originally posted by rasv2 View Post
          Hi

          I am in a peculiar situation I feel and would appreciate any help.
          I have been working with my company "A" and they refused to file my H1B at the last minute so I approached a consultancy firm to help file it for me. They have filed it and I haven't received any news of my H1 Lottery selection result as of yet. In this time I secured another full time job with company "B". So I want to join work with them . Now in case my h1b is picked my employer would be the consultancy firm. Is there a way for me to join work with company b since they need an answer ASAP. Also I have never worked at the consultancy yet so is it possible to transfer the h1 to my new company b without any pay stubs etc. do I have to work at the consultancy I would much rather pursue the full time job with company B .

          Any help would be appreciated again. Thank you
          If you have valid OPT, you can start working for Company B. If your H-1B is chosen in the cap and approved, Company B can file a transfer application (only after October 1). If the transfer is filed on October 1, no paystub needed from the consultancy as you were not required to work for them until October 1.

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          • #6
            IMO, you need to inform consultancy about your idea of joining company B since they are the one who filled your H1. If you are selected in the lottery you can transfer your H1 and join the company. If you are not selected and still can work legally, you can simply join the company unless you are in strict contract with the consultancy. In most of the case, it is mutual understanding between you and the consultancy. All the best.

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