Work VisaFeb 9, 2019
Facebookncdjsj

H-1B transfer before activation

Is it possible to transfer an H-1B to another company without activating/changing to H-1B status? e.g. Someone is currently on OPT, and has been selected in H-1B lottery with consular option, now wants to transfer to another company before Oct 1st, is there a way to keep that H-1B?

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Bloomberg VyXm11 Feb 9, 2019

Yes they do it on approval notice

Facebook ncdjsj OP Feb 9, 2019

So once it’s approved, the new company can initiate the transfer process? My immigration attorney told me its high risk and will likely get rejected, is it true?

Bloomberg VyXm11 Feb 9, 2019

No..every h1b transfer is a new h1b petition.so unless your new job profile is different from your current one it will be mostly approved

Broadcom Ltd. honestkid Feb 9, 2019

You have nothing to loose if transfer gets rejected. You still have H1

Facebook ncdjsj OP Feb 9, 2019

No, I’m on OPT right now, thinking about H-1B transfer during OPT.

IBM 🚽🚽✌🏼✌🏼 Feb 9, 2019

You still have *f1

LinkedIn eyePhone Feb 9, 2019

Don't listen to theoritical suggestions. A friend tried to transfer like this and his transfer got rejected. Listen to your immigration attorney or consult another one for god's sake!

IBM 🚽🚽✌🏼✌🏼 Feb 9, 2019

Don't do it. My attorney asked me to wait until I got my H1 stamped.

Jewelry Television chkk Nov 6, 2020

@ncdjsj do you mind sharing what happened on this transfer ? I'm in same boat. Is transfer after October 1st not an issue ?