How soon I can change my employer?

[lifenspring]

Hi all,

I'm on my OPT and will be changing my status to H1. I have some issue with current employer. So thought of changing employer ones I'll be on H1. How soon I can change my employer if I have another one to take care of.

Plz plz advise me if there are any future /current issues with it.

[shervin143]

You can transfer it anytime. Some companies will ask for at least 2-3 pay slips to keep the transfer simple.

[lifenspring]

Thank you. So this won't applicable in my case.

Have another question, Can I change employer with I-797C approved form?

(this is approved from consular processing not 797A or 797B).

Do I need inform my present employer about this change? What doc's or details I need from my present employer before change?

[shervin143]

I-797 A/B/C anything will do. Actually all that you need is the receipt number from the approval notice to prove that you are already CAP counted. You don't need anything from your current employer except for the pay slips.

[lifenspring]

Great

One of my attorney is saying that, It's is more complex to change employer as my I-797C is approved from X emp & my Opt is expiring in June?? So he is advising to wait till oct 1st. coz I'll be on H1 status from October 1st.

Do you guys think this it's complex or just go for it. If it is complex, can you throw your is idea's?

Thank you very much.

[shervin143]

H1B transfer can be filed anytime. Pay slips are required only for the duration on which you were on H1B status. If you do it now, then there is no need for pay slips since you are not in H1B status now. The transferred H1B petition will be effective only from Oct 1st. But, if your OPT is expiring in the month of June, then on what status will you continue to stay in U.S from start of July to end of September. Unless you maintain a valid status till the end of September, the transferred petition will not come with a new I-94 and you cannot start working without getting the H1B stamped and returning back in H1B visa?

Great

One of my attorney is saying that, It's is more complex to change employer as my I-797C is approved from X emp & my Opt is expiring in June?? So he is advising to wait till oct 1st. coz I'll be on H1 status from October 1st.

Do you guys think this it's complex or just go for it. If it is complex, can you throw your is idea's?

Thank you very much.

[lifenspring]

Thanks for your reply. You are making me aware of the future situations.

I thought if I file for H1 amendment by June then I should be okay till October? Or I need to apply for CAP GAP? Not sure CAP gap is applicable in my case as mine is I-797C (Consular processing) plzzz advise here.


Also, to do H1 transfer (to client), is it mandatory to submit Pay stubs. I have pay stubs from OPT status ! I'm planning to switch employer as soon as I get H1B.

Many thanks for all you time and your precious advise..