L1-A to H1-B

[jvivekan]

I am in USA on L1-A through employer A. Employer B is applying H1-B with COS on 2017 quota which will be effective 10/1/2016. Can employer C file transfer of H1-B based on the approval on petition through employer B with effective date of 10/1/2016?

[raghvi]

I am in USA on L1-A through employer A. Employer B is applying H1-B with COS on 2017 quota which will be effective 10/1/2016. Can employer C file transfer of H1-B based on the approval on petition through employer B with effective date of 10/1/2016?

I dont think so. There have been RFEs raised by USCIS in the past stating that the H1 transfer cannot be initiated prior to 01-Oct-2016 as it never got activated in the first place.

This is my opinion not legal advice.