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  • Right now on STEM OPT, valid till 10/28/2016, applied for further 7 months extension
  • Working full time for Company A, applied for H1B, not picked
  • Company B also applied for H1B, which GOT PICKED
  • Now got offer from Company C, wants to send me to UK for training as soon as I join
  • Thinking of applying for H1B transfer to Company C, once approved asap ( which Company B applied)
  • I think need H1B Stamp to come back to US after training from UK

  • What I have read online says I can come back only before 10 days mentioned in I-767 start date ( i.e. 10/01/2016)

    1. So can I make H1B transfer from Company B to Company C without Paystubs before Oct’ 1, 2016?

    2. Can I join Company C before transfer is done, as I am on STEM OPT (OPT is valid till 10/28/2016, can be extended to 05/28/2017)?

    3. How to attend the training in UK before Oct 1st,?

    4. How to come back safely to US from UK?

    5. Is it true I can only re-enter US 10 days before mentioned in I-767? But OPT is valid till Oct’ 13, 2016

    6. What are my options?

littleadv
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RayPerficient
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  • If your H1B status will begin on October 1 then presumably you'll be on (F-1?) OPT until then. If you leave and return during that time, you'll presumably return in F-1 OPT status. See http://internationaloffice.berkeley.edu/students/training/f-1/travel. In that case, you don't need an H-1B visa; you need an F-1 visa. Be careful, though; if you leave the US while a change of status application is pending with USCIS, you abandon that application and will instead have to apply for a new visa before returning to the US. – phoog May 18 '16 at 17:10
  • Abandon means will my application be denied? – RayPerficient May 18 '16 at 17:39
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    No, it effectively means that you will have withdrawn it. Once you leave the US, you no longer have any status, so you can't change it anymore. If you subsequently want to enter the country in a different status than the one you had when you left, you need to apply for the appropriate visa. If you want the same status, and your visa expired, you need to apply for a new visa. If you want the same status, and your visa is still valid, you can use the existing visa. Except in certain diplomatic cases, you must apply for the visa outside the US. – phoog May 18 '16 at 17:41
  • Thanks for your help Phoog. I have my F1 Visa valid till Aug 2017 and my STEM OPT is valid till Oct 28' 2016. So can I re- enter US will my OPT before Oct 2016. What will happen to H1B if approved before Oct 1st? Will my status be automatically changed to H1b on and after Oct 1, 2016? And I need to leave US and get Visa Stamped and re-enter? – RayPerficient May 18 '16 at 18:48
  • @phoog This is not true, he can leave while the application is being processed. The employer should submit it for consular processing instead of adjustment of status. – littleadv May 20 '16 at 08:21
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    @littleadv if it is submitted for consular processing, it is no longer a "change of status pending with USCIS," is it? – phoog May 20 '16 at 16:54
  • @phoog right, that's what I said - it doesn't have to be change of status. The OP didn't mention change of status, you did. That also has nothing to do with applying to a new visa, since he'd need a new visa either way – littleadv May 20 '16 at 17:00
  • @littleadv if he attended the training and returned in F1 status and subsequently changed status, he wouldn't need a new visa until his next trip out of the country. – phoog May 20 '16 at 17:08
  • @phoog so you agree that your comment was irrelevant and confusing to the OP? And no, he won't be using F1 visa to get back when the H1b is already approved. No-one will let him. – littleadv May 22 '16 at 04:28
  • @phoog and littleadv I've had to delete comments from both of you which were petty or rude. PLEASE don't use the comments for discourse, and PLEASE keep it civil (in answers AND in comments). You've both been flagged for this before too. – Mark Mayo May 30 '16 at 11:45
  • @MarkMayo yet you haven't deleted all of the rude comments, why is that? – phoog May 30 '16 at 15:10
  • I've tried to keep the ones that had actual contextual info and weren't ad hominem? Have I missed one? – Mark Mayo May 31 '16 at 07:44

1 Answers1

2

So can I make H1B transfer from Company B to Company C without Paystubs before Oct’ 1, 2016?

Yes

Can I join Company C before transfer is done, as I am on STEM OPT (OPT is valid till 10/28/2016, can be extended to 05/28/2017)?

You're going to be H1B on Oct 1st, so you don't need to extend the OPT.

How to attend the training in UK before Oct 1st,?

By plane or ship. If you can get to France/Belgium, you can also reach the UK by train.

How to come back safely to US from UK?

No trains there. Planes or ships will work.

Is it true I can only re-enter US 10 days before mentioned in I-767? But OPT is valid till Oct’ 13, 2016

Once you get H1b - you're out of OPT. With the H1b visa you can not enter earlier than 10 days before the start date.

Mark Mayo
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littleadv
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    If the OP doesn't accept Company B's job, wouldn't they then withdraw their LCA, and wouldn't that mean no more H1b visa to transfer to Company C? – brhans Sep 27 '16 at 19:06
  • This answer only works if you get a lot of unmentioned details right, such as the sequencing of the original H-1B petition approval, the H-1B transfer petition and its approval, the departure from the US, and the consular H-1B visa application before reentry. – krubo May 08 '18 at 19:26