Can I transfer H1 immediately after approval....

[sonamsheth]

Hi,

I am on H4 visa. My H1 has been filed by one consultant company. It got approved and my effective date is October. But I am getting full time opportunity from other company. Can I transfer my H1 before October ? Also, if I transfer does this will have any impact on H1 stamping when I go to my home country as in Why did you transfer your H1 without working there....Why you did not work there as they filed your H1......you need to work for first company for few months at start and all......??

Your comments would really help me a lot.

Thanks.

[raghvi]

Hi,

I am on H4 visa. My H1 has been filed by one consultant company. It got approved and my effective date is October. But I am getting full time opportunity from other company. Can I transfer my H1 before October ? Also, if I transfer does this will have any impact on H1 stamping when I go to my home country as in Why did you transfer your H1 without working there....Why you did not work there as they filed your H1......you need to work for first company for few months at start and all......??

Your comments would really help me a lot.

Thanks.

Yes you can transfer. When are you planning to go for stamping? Before Oct 2014?

[sonamsheth]

Yes you can transfer. When are you planning to go for stamping? Before Oct 2014?

I will go after october 2014. But will it create problem during stamping as i filed my h1 with consultant company and i did not work with it only....is it better to stay with consultant for few months and then only transfer or i can do it before october 2014 only without working with consultant company ??

Thanks.

[raghvi]

Yes you can do a transfer. But the transfer to the Full Time Employer should happen before 01-Oct-2014 otherwise, if you dont work for the consultant employee from 01-Oct-2014 you would go out of status.

The challenge would be to get the initial H1 approval with the consultant as well as the transfer H1 approval to full time employee completed before 01-Oct-2014.

This is my opinion not legal advice.

[sonamsheth]

Yes you can do a transfer. But the transfer to the Full Time Employer should happen before 01-Oct-2014 otherwise, if you dont work for the consultant employee from 01-Oct-2014 you would go out of status.

The challenge would be to get the initial H1 approval with the consultant as well as the transfer H1 approval to full time employee completed before 01-Oct-2014.

This is my opinion not legal advice.

Thanks raghvi for your reply.

Thats true what you are saying.....but if initial H1 approval is done by consultant and new full time company is ready to transfer immediately i get approval of my H1, then do you think i should do it and it wont have any impact during stamping time ? My main concern is of stamping.....

Appreciate your help.

[raghvi]

Thanks raghvi for your reply.

Thats true what you are saying.....but if initial H1 approval is done by consultant and new full time company is ready to transfer immediately i get approval of my H1, then do you think i should do it and it wont have any impact during stamping time ? My main concern is of stamping.....

Appreciate your help.

As long as its a genuine employer I dont see any issues. The following link does talk about transfer before 01-Oct.

https://www.immihelp.com/h1-visa-transfer-faq/

This is my opinion not legal advice.

[sonamsheth]

As long as its a genuine employer I dont see any issues. The following link does talk about transfer before 01-Oct.

https://www.immihelp.com/h1-visa-transfer-faq/

This is my opinion not legal advice.

Thanks Raghvi for sending the link. Appreciate your help.