Tranfer or Cancel My Approved H1B

[ram_2lucky]

I did masters in U.S. and right now I am in OPT(Optional Practical Training). I joined a consultancy and they have been searching for jobs till now. They filed my H1B on April 1. I got job recently through a direct employer after that. On April 4, USCIS published a new rule which states that OPT period has been extended to 17 more months. So I would like to cancel my H1B petition. Is it possible for me not to accept H1B even if it is approved by USCIS and continue in OPT? If not, Can I transfer H1B to my new employer without pay stubs after Oct 2008? Will there be any problem if i apply for H1b next year?

[txh1b]

Once H1b is approved with a COS, your OPT is invalid and there is no way for getting back on OPT.

If H1b is withdrawn, earlier, there is a possibility for you to continue on OPT. But USCIS takes a while to act on withdraw notice for H1b and if it gets approved and revoked, you are in a much bigger mess and will be out of status.

I would suggest to wait for H1b approval, file for a transfer to your new company before Oct 1st using the receipt from the company that filed for H1b. If done before Oct 1st, you do not need paystubs. Ensure it is done by PP by the new company so that you definitely know that you have a H1b job and continue working for B after Oct 1st.

[orion]

You are on OPT until Oct 1 for sure. If you H1 approval does not come with a new I-94, you are on OPT and need to file COS to get on H1. Simply, not taking this step will keep you on OPT. If you get a new I-94, you will be on H1 from Oct 1.

Remember, extended OPT is only for STEM grads.

[helcrase]

regarding OPT to H1 conversion!!!

Hi,

I have recently graduated (August 22) and requested for my OPT start date to August 25,'08 (not approved yet. status says: case received and pending). I have applied for H1-b through a consultant in April '08 and I was approved. As the previous posts say, OPT will automatically gets canceled and from October 1, H1-b status will start. I have a few questions...

1. Is there a way I can stay on OPT with out converting to H1-b (like some kind of deferring the start date of the H1-b) ?
2. I am looking for a regular full time job. If I get converted to H1-b this Oct 1, I will have to wait atleast 2 months starting Oct 1(for two pay stubs for H1-b transfer) before I can take a full time offer, is that right ?

Thanks in advance. Your response is greatly appreciated.

[helcrase]

regarding OPT to H1 conversion!!!

Hi,

sorry on my first question. seems like the answer to that question is evident from the previous posts.

But, the consultant who sponsored me H1-b, asked me to make a visit to Mexico (or Canada) with F-1 status with i-20, OPT application receipt, and case status pending letter. By doing that he told me I will get a new I-94 (at the port of entry) which says I am on OPT and valid until the end of my OPT. This way he told we can avoid automatic conversion form OPT to H1-b.

Is that true ? Please help me...

[txh1b]

Talk to your ISO to verify if it is going to work. Is your employer a lawyer too?

[helcrase]

Thanks for a prompt reply. I don't know if my employer is a lawyer.

Just one more question, the only reason I have applied for H1-b before graduating is that, "quiet a few companies do not prefer to sponsor h1-b. They prefer to choose people who already have a H1-b" so I was told.

Is there atleast little sense in it ?

Thanks.

[txh1b]

Makes sense if your employer had a job for you. If you travel on a pending H1b and re-enter with a new I-94, it should void the COS. Talk to the ISO as F1 is an entirely different breed.

[helcrase]

thanks for the info. I shl talk to the ISO