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H1B Transfer

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  • 07-07-2013 7:31pm
    #1
    delaney001
    Registered Users Posts: 431 ✭✭


    Hey, hoping I can get a definitive answer on this as I'm hear mixed answers so far (standard enough when relying on google)

    On the J1visa a few months now, applied and got accepted for the H1B visa (due to start in October).

    However, situation has changed and I might have another job that I want to transfer across to (way better job).
    Q1 - Can I transfer across to the other company and begin my H1B with them before october, or do I need to start it with my current company and then apply for transfer?

    Q2 - Do I have to pay a fee for this transfer?


    THanks


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  • Options
    #2
    Darren1o1
    Registered Users Posts: 744 ✭✭✭Darren1o1


    delaney001 wrote: »
    Hey, hoping I can get a definitive answer on this as I'm hear mixed answers so far (standard enough when relying on google)

    On the J1visa a few months now, applied and got accepted for the H1B visa (due to start in October).

    However, situation has changed and I might have another job that I want to transfer across to (way better job).
    Q1 - Can I transfer across to the other company and begin my H1B with them before october, or do I need to start it with my current company and then apply for transfer?

    Q2 - Do I have to pay a fee for this transfer?


    THanks

    Op if you want definitive then you should contact a immigration lawyer.
    IMO you would have to wait til October, but you could process the paperwork pending such a transfer.
    Also it is strictly prohibited in you paying for any fees related to the H1b visa. Your new potential company will have to incur fees.
    Are you eligible to work for the new company for the remainder of your J1 and then transfer?


  • Options
    #3
    delaney001
    Registered Users Posts: 431 ✭✭delaney001


    Darren1o1 wrote: »
    Op if you want definitive then you should contact a immigration lawyer.
    IMO you would have to wait til October, but you could process the paperwork pending such a transfer.
    Also it is strictly prohibited in you paying for any fees related to the H1b visa. Your new potential company will have to incur fees.
    Are you eligible to work for the new company for the remainder of your J1 and then transfer?

    Hey Darren,

    Ya, I definitely will be contacting a lawyer in coming weeks but just wanted to get a general idea here first.

    I read somewhere that the new company has to pay the fees all right, is it true that the fee is equal to that of applying for a H1B from the start ($3,500 in my case)?

    I am eligible to work for the new company as soon as I want and see out my J1 with them, but at some stage I am going to have to transfer from J1 to H1B. I was curious as to whether I have to be still with my original employer when I begin the H1B and then transfer across to new company or can I go work with new company now and start my H1B with them when the time comes.


  • Options
    #4
    Darren1o1
    Registered Users Posts: 744 ✭✭✭Darren1o1


    delaney001 wrote: »
    Hey Darren,

    Ya, I definitely will be contacting a lawyer in coming weeks but just wanted to get a general idea here first.

    I read somewhere that the new company has to pay the fees all right, is it true that the fee is equal to that of applying for a H1B from the start ($3,500 in my case)?

    I am eligible to work for the new company as soon as I want and see out my J1 with them, but at some stage I am going to have to transfer from J1 to H1B. I was curious as to whether I have to be still with my original employer when I begin the H1B and then transfer across to new company or can I go work with new company now and start my H1B with them when the time comes.

    Not quite the same amount, as I remember there was the app fee and one other one. The retraining fee which is the major one would be already paid. You need to transfer your h1b to the new employer before working with them


  • Options
    #5
    spideog7
    Registered Users Posts: 1,230 ✭✭✭spideog7


    You can definitely transfer your H1B, I don't know if you can do it before it starts or not... either way the original company are going to be pissed :pac:


  • Options
    #6
    delaney001
    Registered Users Posts: 431 ✭✭delaney001


    Ya i know they will but thats why I asked could I pay for the majority of it, so it kinda gave me an exit strategy. All though I dont think they would have imagined I'd be exiting this quick!

    Just out of interest, if they were pissed enough could they put a spanner in the works and cancel my visa or anything like that?


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