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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28404
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I applied with Company A in April and I was selected

Customer Question

I applied for H1B with Company A in April and I was selected in the lottery. I recently received the approval letter and now I am waiting to get the stamp on October 1st.
Last week I received an offer from Company B, and asked me if I could transfer to their company? Can I move from Company A to Company B on my current status (cap gap extension) before October 1st?
Some facts:
1. Company B is e-verified
2. My OPT card shows expiration date as May 21st 2015
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.
Hi my name is ***** ***** I have 35 years experience as an immigration attorney. I am happy to help you and answer your question.Your H1B petition does not become useful to you until the beginning of the new fiscal year on October 1st.Until then you cannot use that petition for employer B. It is not counted towards the visa quota until that date because A can withdraw the petition up to 9/30 and the number goes back into the visa quota pool for the next petition waiting for a visa number that didn't get selected.The only way B could get a petition approved for you to to file but the lottery is closed. So they have to wait until after October 1st to use your visa number from A.The problem is that you have an automatic change of status from F1 to H1B as of that date and you have to begin work for A effective Oct 1st or you are out of status because your F1 ends on that date unless you have A withdraw the petition and you notify your DSO that the petition has been withdrawn and that you need for them to change your SEvIS record to you remaining as an F1 on OPT.But if you do that then you loose your visa quota number and B cannot use it. They would have to wait until April 1st to file for Oct 2016.So the best thing for you to do is to start work for A on October 1st and have B file their petition on or after that date for them to be able to use the quota number. You can begin work for B upon USCIS receiving the new visa petition from B under AC21 H1B porting rules.IMPORTANT INFO: I hope you found this helpful. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. Thank you for using JA! You can request me to answer future questions by starting your question w/ FOR JUDITH. I will remember you. Judith

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