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texlawyer
texlawyer, Lawyer
Category: Immigration Law
Satisfied Customers: 4779
Experience:  I have assisted many customers and clients with their immigration law questions and experienced in immigration law litigation.
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I am working on OPT work authorization and my H1 petition

Customer Question

I am working on OPT work authorization and my H1 B petition got approved but not yet activated (It will be activating since Oct. 2016). Can I change the employer before that ? Will it harm my H1 B activation or transfer in Oct. 2016 ?
Submitted: 4 months ago.
Category: Immigration Law
Expert:  texlawyer replied 4 months ago.
Hello. I'll be happy to assist you.
Would you be changing to an employer is the same field with the same or similar job?
Customer: replied 4 months ago.
I will be only changing the employer ; but the field of the job remains same. My current Employer is located in New Jersy and future Employer is located at Texas
Customer: replied 4 months ago.
Is approved but unactivated H1 B transeferable at the start of the Period of activation (I.e. Oct 2016) to different employer ?
Expert:  texlawyer replied 4 months ago.
You can transfer your employment, so long as you give andvance notice to customs and you get your new employer to sponsor your application. If the person is currently working on an H-1B visa for one employer (or has worked in the recent past), and when such person changes jobs to another employer, the employer has to file a new H-1B petition for the employee. Many people, including some immigration attorneys, call this process an "H1 transfer". Even in this document, we refer to the new petition by the new employer as an "H-1B transfer", solely for the ease of describing it. It is very important to understand that there is really no concept of "transfer". Nothing gets transferred from one employer to another employer, except the employee itself. The previous employer does not have to "transfer" something to the new employer, the previous employer does not even have to know about the new employer.
Expert:  texlawyer replied 4 months ago.
Do you have any questions? If so, feel free to ask. If not, please remember to "Rate" my answer before you go. Good luck.
Customer: replied 4 months ago.
In my situation, I am working on OPT-Stem Extension, not on H1 B yet. Company X is the petitioner of my H1 B which is approved by USCIS and will be active in October 2016. If I am joining company Y today, do they have to file another fresh application next year 2017 and I need to again go through the lottery system to get my new H1 B with company Y ? What will be the status of already approved H1 B with company X in October 2016 ?
Expert:  texlawyer replied 4 months ago.
OK. I see. Still, I think you can just transfer that approval to your new company, although you will need to tell USCIS before you make any changes to your visa, since it was approved for Company X. To avoid, the hassle, though, you could wait until October when you are scheduled to start working and transfer then. Either way, you will be OK so long as you keep USCIS in the loop.
Expert:  texlawyer replied 4 months ago.
Do you have any questions?
Customer: replied 4 months ago.
Are you sure about the above solution or just think it will be OK ? Do I need to discuss with USCIS for confirmation ? Do you think it will be hassle to transfer as I have not worked with Company X on H1 B Status for single day ?
Customer: replied 4 months ago.
I am looking forward for firm answer.
Expert:  texlawyer replied 4 months ago.
I think it is a unique situation that you should discuss with USCIS before you go forward, but I see no reason that changing sponsors would be an issue, even if it's before you technically begin in October. Personally, I'd suggest you wait until you've worked for a period of time before you transfer, just to avoid raising red flags, but technically speaking, it should not be an issue.
Customer: replied 4 months ago.
Being a lawyer, have you handled such situation before ? What was the result ? Did it raised red flag or it went smooth ?
Expert:  texlawyer replied 4 months ago.
I have not handled a situation where someone wanted to change sponsors before they began working for the original sponsor. Like I said, it's a fairly unique situation. Legally, it should not make a difference. My only concern here is that they will think that, for some reason, your original employer was a sham to get approval, for whatever reason. When things are out of the norm, they get extra scrutiny, which can slow the process down, even if you are ultimately OK. Just call USCIS and discuss with them, but I don't see any reason they should deny your transfer.
Customer: replied 4 months ago.
Ok, I will check with USCIS
Customer: replied 4 months ago.
Thank you for your time.
Expert:  texlawyer replied 4 months ago.
OK. If there isn't anything else I can do for you, please remember to "Rate" my answer before you go. Good luck.
Expert:  texlawyer replied 4 months ago.
Is there something else I can do for you?
Customer: replied 4 months ago.
No, Thanks !
Expert:  texlawyer replied 4 months ago.
Great. Please remember to rate my answer before you go. That's how I get dr sit for my answer.