OPT , H1B jumping, Very Urgent

[vgnfw190]

Hi I am currently working as a contractor at a client from company C1
C1 applied for my H1B last year and application is still pending + also added Premium Proc. last week, Application Still Pending
At the same time company C2 applied my H1B last year and H1B approved but did not get the documents from USCIS, and applied for "Response on Approved Petition", That is still pennding(But Yes The petition is approved)
But Fortunately or Unfortunately , I got a permananent job with a new company.
I can start working with that company on OPT, and he will apply a new H1B this year.

But , Instead of that Can I get one of my H1Bs transferred?
Or is there a better way to handle this situation?

I know its a mess... Can some one suggest me how to clear this mess?

Thank You.

[snathan]

Originally Posted by vgnfw190

Hi I am currently working as a contractor at a client from company C1
C1 applied for my H1B last year and application is still pending + also added Premium Proc. last week, Application Still Pending
At the same time company C2 applied my H1B last year and H1B approved but did not get the documents from USCIS, and applied for "Response on Approved Petition", That is still pennding(But Yes The petition is approved)
But Fortunately or Unfortunately , I got a permananent job with a new company.
I can start working with that company on OPT, and he will apply a new H1B this year.

But , Instead of that Can I get one of my H1Bs transferred?
Or is there a better way to handle this situation?

I know its a mess... Can some one suggest me how to clear this mess?

Thank You.

What is the mess. You basically have got the approval for your H1 and then why you want to go for new H1. Get the approved notice and use it to do the transfer.

[vgnfw190]

You Can see the Mess.
I dont have paychecks with Company C2
I am currently working with Company C1
Company C2 applied on Consulate Processing, So basically I need to get it stamped before starting H1B.
I heard there are 2 documents on approval, Employer Copy and Candidate Copy. C2 Employer did not receive the Candidate Copy and he applied for I824 to take action on approved petition. That I824 is pending.
How can I do the transfer without
1) Not Having single Pay Stub from C2
2) Without having Employee Hard Copy of approval?
At the same time C1 Premium processing H1B is pending , there were LUDs last week.

Please let me know the process of transferrring H1B in this regard.

Thanks

[snathan]

Originally Posted by vgnfw190

You Can see the Mess.
I dont have paychecks with Company C2
I am currently working with Company C1
Company C2 applied on Consulate Processing, So basically I need to get it stamped before starting H1B.
I heard there are 2 documents on approval, Employer Copy and Candidate Copy. C2 Employer did not receive the Candidate Copy and he applied for I824 to take action on approved petition. That I824 is pending.
How can I do the transfer without
1) Not Having single Pay Stub from C2
2) Without having Employee Hard Copy of approval?
At the same time C1 Premium processing H1B is pending , there were LUDs last week.

Please let me know the process of transferrring H1B in this regard.

Thanks

I am not sure about your mess. You may need to check with attorney on this. Yes, you need to have the pay stub and photo copy of the approved petition and visa stamp. Since its a first time, you have to go to home country for the stamping. if possible, try to join the company B, get the pay stub and later find any other job.

This is just my opinion...consult with other seniors or attorney.

[a_yaja]

Can you please tell me how you can work on OPT when your H1B has been approved? If you were in the US when you applied for H1b, you should have gotten a Change of Status (COS) when your H1b was approved. This means that your OPT is no longer valid. Am I missing something here?

[vgnfw190]

Yes, The missing part is

My H1B is applied on Consulate Processing "Not" Change of Status.

So basically I have a valid OPT now ., and H1B is not yet validated as I didnt get it stamped

Any suggestions?

Thanks

[a_yaja]

Originally Posted by vgnfw190

Yes, The missing part is

My H1B is applied on Consulate Processing "Not" Change of Status.

So basically I have a valid OPT now ., and H1B is not yet validated as I didnt get it stamped

Any suggestions?

Thanks

Since you have already been issued a H1B - there is no such thing as "next year". Even if you applied during the April 1st madness, your H1B will not be counted against the cap. On the I-129 form there is a question that asks (not sure of exact wording, so don't hold me to it): "In the previous 6 years has the benificiary ever had an approved H1B. If so provide details".

So no matter when you apply for H1B, you will not be counted against the cap. It is possible (and I am not sure of this fact at all) that your H1B clock (6 yr limit) has already started ticking.

In such a situation as yous, it is better to talk to a good immigration lawyer as she/ he can give you better guidance.

[vgnfw190]

Can you look at the situation much closer and please recommend me a good immigration attorney please if possible

Attorney Sir,
After reading the following , Please let me know if I need consultation
A liitle about me : MS graduate , working on OPT

Here is my situation.
On April 1 2008,
Company C1 applied my H1B , Change of Status from F1 to H1B , Regular Quota
Company C2 applied my H1B, Consulate Processing, Regular Quota

Regarding C1 :
-I have been working with C1 since 2 years now and I have all the pay checks
-C1 received RFE in July 2008 and RFE replied within 2 weeks, Case Pending
-C1 applied for Premium processing on Jan 15 after long wait of pending
-3 LUDs on 3 consecutive days in the last week.
- Case still Pending

Regarding C2 :
- H1B applied on Consulate Processing, So basically it means I need to get it stamped to start my H1B
- I dont have any paychecks with C2
- C2 H1B approved in August , after RFE
- Twist : Employer received only Employer copy of H1B approval and not the copy that is given to the candidate.
- I have the scanned copy of Approval, that Employer received.
- In October 2nd week, C2 applied for "I824, APPLICATION FOR ACTION ON AN APPROVED APPLICATION OR PETITION" to get the candidate approval copy.
- I could not go for stamping because of that to start my H1B.
- So basically waiting on that

Current Situation
Company C3, reputed Software Company
- offered me a job
- I have OPT to work with them.
- But I also want one of my H1B to be transferred... I dont know how to do that
- If the H1 transfer is not possible, I must ask them to wait till april to apply new one , which is not possible.

I am looking for a solution, on how to handle this
Q1) Will I be able to transfer my approved H1B from C2 to C3 ,
Q2) Will C3 be able to apply COS for H1B transfer from C2 to C3 and change my status from F1 to H1B
Q3) I cannot get paychecks from C3 because I never worked with them, and moreover it is Consulate Processing H1B, so it is not required to have Paystubs before getting stamped.
Q4) Shall I wait and see what happens to my C1 Premium Processing?
Q5) Ultimately : What is the best solution to handle this?

[vgnfw190]

Please , Any Suggestions on this

Thanks

[sac-r-ten]

Your case is really a twisted one.
i am not a expert on this, but whatever i have read, there is no such thing as H1 transfer.
Every H1 is a new petition. So C3 might be able to file a fresh petition.
Anyways, hire a attorney yourself and consult him/her.
just my 2 cents.

good luck man.

[add78]

As everyone forgets - Visa, Status and Work Auth are 3 distinct things.
From what I understand currently you have

Visa - F1
Status - F1
Work Auth - OPT (with a few months left, correct?)

Another thing to keep in mind is that there is no such thing as H1 Transfer
every H1 is a new application, the only difference is whether you are counted in the cap or not

So if I understand your current applications are:

C1 - applied H1 with COS - pending
since H1 with COS is not approved your status is still F1

C2 - applied H1 w/o COS - approved but waiting for Employee 797
even though H1 is approved, since it was without COS, until you go out, get H1 stamped and come back on that H1, your status is still F1

C3 - offered you a job but you need to know what to do
you can have C3 file for a new H1. There is no such thing as "H1 Transfer". Since you have a approved H1 petition with C2, you are already counted in the cap. However since that was without COS, it has not changed your status. You are still on F1. The paystubs are provided with the so called "transfer" to document to USCIS that the prospective employee has maintained valid status with previous employer. Since you could not work with C2 yet, there is no need to show paystubs from C2 with C3's H1 petition. However, you have two options - either have C3 apply H1 with COS or without COS and provider C2's approval as a proof of being counted against the cap.

In such cases where you have 3 petitions pending (after C3 applies) it is highly likely that USCIS will approve C3's petition without COS, even if you apply for COS.

If you get C1's premium petition approved with COS, you can work for C1 without having to go out (like C2)

It is possible that since you already have a approved petition from C2 without COS, and pending premium petition from C1 with COS, the new petition from C3 may throw an RFE.

Take your chances.

If my post was helpful, please consider donating to IV.

Originally Posted by vgnfw190

Can you look at the situation much closer and please recommend me a good immigration attorney please if possible

Attorney Sir,
After reading the following , Please let me know if I need consultation
A liitle about me : MS graduate , working on OPT

Here is my situation.
On April 1 2008,
Company C1 applied my H1B , Change of Status from F1 to H1B , Regular Quota
Company C2 applied my H1B, Consulate Processing, Regular Quota

Regarding C1 :
-I have been working with C1 since 2 years now and I have all the pay checks
-C1 received RFE in July 2008 and RFE replied within 2 weeks, Case Pending
-C1 applied for Premium processing on Jan 15 after long wait of pending
-3 LUDs on 3 consecutive days in the last week.
- Case still Pending

Regarding C2 :
- H1B applied on Consulate Processing, So basically it means I need to get it stamped to start my H1B
- I dont have any paychecks with C2
- C2 H1B approved in August , after RFE
- Twist : Employer received only Employer copy of H1B approval and not the copy that is given to the candidate.
- I have the scanned copy of Approval, that Employer received.
- In October 2nd week, C2 applied for "I824, APPLICATION FOR ACTION ON AN APPROVED APPLICATION OR PETITION" to get the candidate approval copy.
- I could not go for stamping because of that to start my H1B.
- So basically waiting on that

Current Situation
Company C3, reputed Software Company
- offered me a job
- I have OPT to work with them.
- But I also want one of my H1B to be transferred... I dont know how to do that
- If the H1 transfer is not possible, I must ask them to wait till april to apply new one , which is not possible.

I am looking for a solution, on how to handle this
Q1) Will I be able to transfer my approved H1B from C2 to C3 ,
Q2) Will C3 be able to apply COS for H1B transfer from C2 to C3 and change my status from F1 to H1B
Q3) I cannot get paychecks from C3 because I never worked with them, and moreover it is Consulate Processing H1B, so it is not required to have Paystubs before getting stamped.
Q4) Shall I wait and see what happens to my C1 Premium Processing?
Q5) Ultimately : What is the best solution to handle this?

[vgnfw190]

Hi add78

I thank You for a detailed reply, but I do have couple of questions.

I am confused on the following statement
"In such cases where you have 3 petitions pending (after C3 applies) it is highly likely that USCIS will approve C3's petition without COS, even if you apply for COS."

What exactly does it mean... since there are 3 petitions pending.. Would there be a high probability that C3's petition will get approved, Or Did I get you wrong?

"It is possible that since you already have a approved petition from C2 without COS, and pending premium petition from C1 with COS, the new petition from C3 may throw an RFE."

What is the kind of RFE that I may receive?

Overall From Immigration Point of View, Would be a good idea to accept the C3 offer and join them?


Thanks a lot