Transfer of H1B after approval

[vamseebvenkat]

I am currently on L1B with employer A. Employer B has applied for my H1 B visa which was approved on Oct 11th. Now, I have chance of getting job with employer C. Can I transfer my H1 from employer B to C and directly work with employer C (quitting working with employer A) without joining B.

Your quick response is very helpful.

Thanks,
Venkat

[raghvi]

I am currently on L1B with employer A. Employer B has applied for my H1 B visa which was approved on Oct 11th. Now, I have chance of getting job with employer C. Can I transfer my H1 from employer B to C and directly work with employer C (quitting working with employer A) without joining B.

Your quick response is very helpful.

Thanks,
Venkat

Was H1 filed as COS or CP? If it came in with an I-94 attached and had a start date of 11-Oct-2012 and you are not working with Employer B you are already out of status, one has to work only with H1 employer following a successful COS.

If H1 was done as Consular Processing then H1 activation to B or transfer to C will work only if either you get an amended petition or you leave US, get H1 approved with employer B/C, get H1 stamped with Employer B/C petition and re enter US to work for employer B/C.

If COS, advisable to leave Employer A immediately, work for a few months at least with Employer B in order to get few payslips and then initiate the transfer to employer C.

This is my opinion not legal advice.