Question about h1B as a student without OPT?
Currently:
#1. I am a student (will grad before Oct/1/2007)
#2. I already got my H1B from company "A".
If another company "B" recruits me to work in Oct. Can I transfer my H1B even though i haven't started from company "A"?
Or is it better to apply a OPT? (is it possible to apply OPT even though I have a H1B?)
Answer:
Both you and Company B have to fill out some special paperwork to change your status. Since you already have your H1B, you do not have F1 status anymore if I am correct, so you cant apply for OPT anymore. You have to remain a student while under OPT as well. Is the job with Company B a part time job nearby the college? There are a bunch of things to work through. It may be a good idea to consult with an Immigration lawyer to make sure you dont mess things up. Lots of forms and procedures got changed in the past few years.
Company A is the sponser for the H1b. Company B maybe able to pick it up, I doubt it as Company A has the right to it. Once you graduate, you no longer qualify for the student status.
Company "B" will need to apply for you H1B visa. You should have X amount of days you can stay w/o your visa and since company B has already recruited you it should not be much problem. Make sure there is a lawyer involved to make the process smoothly.
Good luck in your new job.
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