谢谢。 我可能没说明白，H1B是管理合同工的公司给申请的， 就叫这家公司E吧，这家合同工公司分配我去一家公司工作， 就叫这家公司T吧。T想正式雇佣我， 但我的OPT很快过期了，等T申请H1来不及了。E申请的H1B 大概七月份批准， 但 10月一日生效。 但T不愿意等到10月一号再转H1。请问在我H1B批准后，但生效之前我可以转这个H1B到雇主T吗
-There are two situations:
1. Because you do not have H-1 status before Oct. 1, you cannot do H-1 transfer until your have H-1 status. After Oct. 1, then you can ask T to do the H-1 transfer for you (you can work for T after T file H-1 transfer for you, not need to wait for its approval).
2. Because you are already the beneficiary of an approved H-1B petition, you have already been “counted” for purposes of the H-1B cap. So, T can file a new H-1 petition for you using the cap you got from E (equal to cap exempt). Then, you can work for T after the new H-1 petition is approved (you may use premium processing to get it approved in 15 days).
The problem is that: Company E can withdraw the approved H-1B petition before Oct. 1, then you will need a new H-1 cap for the new H-1 petition from T and obviously, it is impossible for this year and that means your new H-1 petition sponsored by T will be denied or revoked.
You had better talk to the lawyer and also, don't mess up with E (if you choose "2.") .
