Hello,
I am currently working as a fulltime employee on F-1 Stem opt, last year my H1b was approved under consular process and I have i-797B but due to current situation I cannot go for stamping, can I switch companies and can this H1b be transferred without stamping and activation.
Kindly help me
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Why was H1B approved as consular processing and not ‘change of status’?
My employer wanted to utilize the stem opt completely so that they can activate H1b at the end of it which would give them opt time + h1b(6 years) and meanwhile apply for GC. Also told I can be saving on some taxes. But now I am afraid due to Covid-19 if I loose my job I may loose my H1b too .
You can apply H1B transfer or extension with change of status now but it depends of USCIS. Its a 50-50 chance that they will ask you to prove your maintenance of H1B status.
So you mean even without activating the H1b I can get it transferred. What do you mean by 50-50 chance
that they will ask you to prove your maintenance of H1B status currently I am on opt so I cant prove h1b status. Kindly explain as my knowledge in this subject is very low.
USCIS counts you in cap if your H1B is approved and then you start working using thar H1B.
Since, you have not started working using H1B, USCIS may not count you towards the Cap. This has 50-50 chance.
Hey Krishna,
Could you please update what you ended up doing. I am in the same scenerio.
Thank you!