H1B Transfer Query - Is transfer can be done before Oct 1st for new H1B ?

Question

Hi,

I am on L1B and in US. I got approval for my H1B thr company "A" and as per that i can start working on H1b from October 1st,  2012 with "A". Now,  I got other good offer from company "B". My questions are:-

1. Can i apply for a transfer my H1B from company "A" to "B"  before October 1st with joining company "A"?

2. If yes, What are the risks in transfer?

 

Thanks in advance!

 

regards,

MJ

Answer 1

1. Yes, you can go for H1B transfer to a new company before October 1st.

2. I am not sure of all the risks associated with that. But one possibility of risk that I can see is, "when B's H1B petition got denied and A revoked their petition". I am not sure if A will come to know about B's petition filing on your behalf to revoke their petition, especially since you haven't started working with them yet.

Comments

Did any chances of H1B rejection in the process of transfer?

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H1B transfer is essentially a new H1B petition which is cap-exempt due to a previously approved H1B in last 6 years. USCIS will scrutinize transfer petitions in the same way they do for new petitions. Hence all the aspects will be validated regarding the employment, like employee-employer relationship, employers ability to pay for the beneficiary, etc. Maybe they will not revalidate employee related data as that was scrutinized earlier.

Answer 2

'A' will not know about the H1 transfer applied by 'B'; Current employer is never intimated when the employee is filing for H1 transfer thruanother employer...No worries.