H1B Transfer Before Oct 1

[Rayperficient]

Hi,

- 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?

 

[FlyingRon]

You can't transfer an H1B officially. What Employer C can do is apply for a new H1B for you. They will not have the cap issues to worry about (you're already cleared that).
You could see if you could get employer C approved under your remaining OPT.
If you decline to work for company B, they are required to cancel your VISA. You can't enter on a cancelled visa ten days or any days (I assume you're talking about the 787 letter that says you can't enter on H1B prior to ten days before your employment starts).

If you stop working on your OPT, you have a limited time before the F-1 is no longer valid.

Leaving with no valid visa in place can make readmission very sticky.

You should get yourself (and possibly employer C) to an immigration attorney to get this done properly.

 

[Rayperficient]

You can't transfer an H1B officially. What Employer C can do is apply for a new H1B for you. They will not have the cap issues to worry about (you're already cleared that).
You could see if you could get employer C approved under your remaining OPT.
If you decline to work for company B, they are required to cancel your VISA. You can't enter on a cancelled visa ten days or any days (I assume you're talking about the 787 letter that says you can't enter on H1B prior to ten days before your employment starts).

If you stop working on your OPT, you have a limited time before the F-1 is no longer valid.

Leaving with no valid visa in place can make readmission very sticky.

You should get yourself (and possibly employer C) to an immigration attorney to get this done properly.

---
But I can join Company C anytime as I am on OPT. And once H1B from company B is approved, then Company C can do transfer (like they do a fresh cap exempt application). If application from Comp C is approved then what is the next step? Do I need to leave US and come back

 

[FlyingRon]

If you're still covered by the OPT you can stay. You might wish to consider not accruing illegal presence otherwise.