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Second opinion] I recently received my first H1B status

Customer Question
Second opinion] I recently...

Second opinion] I recently received my first H1B status approval notice from my current employer with a start date of 01Oct2018, I am currently on student F1 OPT visa. Can I change jobs and maintain H1B status from oct 1 with a mew employer?

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

No

Lawyer's Assistant: Have you talked to a lawyer about the visa?

Nope

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, thanks

Submitted: 2 months ago.Category: Immigration Law
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Answered in 4 hours by:
5/31/2018
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,897
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 16 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

You mean to ask if you can get a different employer to have you on H-1B on October 1, 2018 meaning to transfer an H-1B status that you do not have to a different employer than the one that petitioned for you?

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Customer reply replied 2 months ago
If the new employer files for a change on status before Oct1, is it possible to change my employer prior to Oct 1st with my already existing 2 complete pay stubs?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 months ago

Let's see if you can tell what the problem is. So your new employer wants to change what status to what status?

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 months ago

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

This is a very common question. What your CURRENT status?

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Customer reply replied 2 months ago
My current status is F1 OPT
Customer reply replied 2 months ago
my status will change from F1OPT to H1B this October 1st. When can I get my H1B Transfer for the next company and when can I start working for the next company?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 months ago

Only AFTER you start working for the H-1B petitioner in H-1B status which is on or after October 1st, that's when you can then have a new employer file an H-1B transfer petition for you. They cannot do it before because you don't have the H-1B status active yet. As to how long you have to wait, it doesn't matter as long as you can show that you began working for the original H-1B petitioner. Most of the time is it recommended to generate 2 or more paycheck stubs, but that isn't a requirement as long as you can show you went to work for them in H-1B status on or after October 1st.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 2 months ago
as of OCT 1st I will be on H1B status. So, as an employee when can I start working for the new employer? The date when the transfer is filed or the the day when the receipt notice is issued or the date when the transfer is approved?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 months ago

Under the law, you can begin working for a new employer as soon as the new I-129 transfer petition is properly filed. Some attorneys say that is as soon as it is put in the mail, but that is dangerous if the filing is rejected. Some attorneys say as soon as USCIS receives it. That's a little safer, but it could still be rejected. The safest is when USCIS issues the filing receipt which can be as little as a few days after they receive it.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 months ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 months ago

Thank you for your kindness and respect. Good luck to you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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