Hello,

I am a MS student currently on OPT. My OPT started in Aug'05 and ends in Aug'06. I started working for a consultancy in Sep'05 and they recently applied for my H-1B using regular process and the start date on that is June'06. So now if I have a full time opportunity with another company, then how can the new company apply for my H-1B. Since the H-1b quota is going to finish up soon for FY2006, what are my choices? Do I have to apply for an H-1B transfer? Or do I wait till the H-1b is processesd by the consultancy? Will I be able to cancel the H-1B from the consultancy and apply a new H-1b from the new company starting this April'06 of FY2007 so that I will be able to work for the new company on OPT till Aug'06 and then wait through my grace period till its Oct'06 and then start working again for the new company on a new H-1B. Kindly, answer my questions.

I'm a bit confused about your situation, but from what I understand, this is how it works. If you currently work for a company, the company sponsored you to get H1B and you already have one, you can transfer it as you start working for a new company. You need to wait until the transfer completes. If you just quit your current job, I think that you need to re-apply.

Depending on your budget, you may want to consult an attorney...