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Hi, I am currently working at company X . My employer applied for H1b and it got approved. It will be activated from 1st OCT ( until then I am on OPT). Recently, I got an offer from Amazon(SDE1) and the start day is 7th Dec. Today (Sep 11), Fragomen reached out to me for the documents/ questionnaire for H1b transfer. Now I am a little confused and have a few questions. I would appreciate if people could help. 1) Since technically my H1b is not started yet( It will be activated from 1st Oct) . if I understand correctly, I would also need last few H1b pay stubs ( pay stubs when my status is H1B) . So, I believe I should wait until I start getting pay stub in the month of Oct. And, I should be applying for the transfer in perhaps mid oct( with 1 or 2 pay stubs ( biweekly). ? 2) Can I wait for a month to submit the questionnaire? Is it recommended? 2) Does Amazon do premium processing ? It would solve all the issues if they could apply in mid oct and do the premium processing too. Even then my case would be approved before my start date of 7th Dec. 3) If they don't do premium processing, can I join Amazon with just the receipt notice and not the approval ? Please provide your opinion. Thanks. #h1b #h1bpremiumprocessing #h1btransfer #amazon
1) yes 2) yes 2) yes 3) yes Explain this to Fragomen and they will suggest what to do. They are the experts.
It looks like they're not aware of the fact that you got h1b this year, just let them know. They for sure do premium. You should be totally fine.
I was in same situation last year. Please wait til Oct1 to start. I told my manager about it and he was fine. They also do Premium Processing
1) Yes. You can switch now but that would be on opt and you likely lose your approved h1. That is not what you want so you’ll have to wait till your status changes. Ideally you want to have a few paystubs on h1. It is generally also recommended to not switch immediately after securing h1 with an employer. 2) yes. But I do not recommend postponing talking to the lawyers about your situation. 2) probably. 3) Yes. In most cases it is safe to and I’m sure a lot of people do, but personally I wouldn’t unnecessarily risk it. I recommend waiting till approval, Amazon should be fine deferring the joining date. These are my opinions and not immigration advice. Please contact the lawyers at your prospective employer.
What's your angle when you say, "It is generally also recommended to not switch immediately after securing H1 with an employer." Who are these people who are recommending this? Is it lawyers we are talking about or you are just imparting ethical wisdom?
I have no angle other than conveying information I have (or had since this is from a while ago). Obviously there’s no rules around this. I’ve read and heard a general recommendation (including from a lawyer) to stay at your cap filing h1b employer for about 6 months simply because of how it may appear to USCIS if you switch soon after it comes in effect. Personally, I don’t think a job switch or TC bump is worth messing around immigration with. But each situation is different and to each their own.
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