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I recently got my H1-B approved which should start from October 1st, but unfortunately I got laid off from that company too in August.

I have found a new job with another firm and wondering if I can start working for them starting October 1, 2014 and get my current visa transferred to the new company.

How feasible is it?

  • Welcome to expatriates.SE. How can you be laid off from the company where you haven't started yet? – Karlson Sep 2 '14 at 12:56
  • Sorry about the confusion there. Actually I had been working for them when they filed my H1 but they had to let me go due to budget issues. – avi Sep 4 '14 at 0:35
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Yes, it can. The new company should file a H1B application exempt from quota based on your current H1b approval. Their lawyer should know what to do.

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As i know, you can not work for new employer until you get approval, If this is your first H1b and transferring from CPT/OPT than you can work with new employer with your current CPT/OPT.

Your new employer can file transfer for you and that may help you to transfer your H1B easily. Please talk to a lawyer and discuss your case and see if they can provide you exact legal guidelines.

Hope this help you

  • 1
    Removed advertisement, and the OP will not need to pay for it anyway since it is illegal for employee to pay for anything related to H1b (except for premium processing). – littleadv Sep 11 '14 at 0:23
  • @littleadv the company can company can ask the employee to bear the attorney fees, but they are legally bound to pay the application fee. – Nitin Alabur Sep 25 '14 at 18:19

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