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H1B Transfer and Visa Options
I graduated in May 2008 and currently working for company A on my OPT. I had applied for an H1B with company B in April. Following this Company A has now made me an offer. But the offer that I have from Company A requires that I work for them in the US till Jan 2009 and then move to India as a Country Manager to run their Indian Branch Office. My H1B is currently pending. Given the weird situation I have the following questions
1. If case is approved after 1st oct can I transfer my H1B to company A without paystubs from Company B? How many days do I have to file for a transfer?
2. If my H1B is denied what Visa Would be best to apply for given my current situation?
3. If my transfer petition is denied,is my original H1B still valid.
5.Can I Work in India for a US company on a H1b
User's Location:
St. Louis, Missouri, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
1. You can try. There is nothing in the law or regs that would prevent Company A from petitioning for you immediately upon receipt of the H-1B petition approval from Company B.
2. If your H-1B is denied, then either company (or another company) would have the option to apply for you in the next H-1 lottery (04/01/09 for a 10/01/09 start date). This does not help you bridge the gap in your status, which will start January 2009.
3. Yes.
4. Not really. You can work for the U.S. Company in India, but you would not be in H-1B status unless the original H-1B petition is approved, and you start working for the petitioner in the U.S. (say get one or two paychecks) and then they transfer you to India. That way you might be able to preserve H-1B eligibility in the future. But if the job is supposed to be in India from the beginning, it really does not qualify for H-1B. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Fredrick Thanks for the reply .. just some quick back up questions
Let us assume that my H1B gets approved on Oct 15th, then in that case what happens to my OPT ? Can I continue to work on my OPT until Oct 15th or does my status change to H1B on 1st OCt? In effect since the employer has requested an Oct 1st start date even if I havent received an approval does status still change on Oct 1st. Will my OPT be valid in case my H1b petition is denied. I graduated this year in May 2008 so my OPT is valid till May 2009 hence I din't understand the "bridge the gap in your status comment" How will I be in a gap as of 2009.
Secondly,
If I understood you correctly then, if I work in the US for about 3 months and then continue to work for the US firm in India I can technically maintain valid H1b Status .
Further, if H1b is denied are there any other Visas that my company can sponsor at that stage that may be helpful in my situation. The reason I ask is because I cannot travel to India and return to the US on an OPT. I will have to travel to India for a few days for an assessment and return to the US.
I hope to get some clarification about the same and plan to enlist your services should things not materialize. I hate my current situation. |
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| A. |
OPT and H-1B are independent of one another, except than you can only have one status at any given time. Therefore, if your OPT is valid until your H-1B status starts, then yes, you can remain in OPT, even if your H-1B is denied (unless the reason for denial is that the USCIS finds you violated your OPT).
You cannot maintain ANY nonimmigrant status (including H-1B) while you are not physically present in the U.S. However, your employer's H-1B petition for you can still be valid, for example, if you work for them for a temporary period abroad; you just would need a valid H-1B visa in your passport (based upon the H-1B petition approval) in order to reenter the U.S. in H-1B status.
If your H-1B petition is denied, there probably is no other nonimmigrant visa category which you can use. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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