Regarding H1B Transfer

[vikrantc_usa]

Hi,

One of the employers is ready to file for H1B without joining them for now.

Once H1B is approved, is it possible to join a new employer and get the H1B transferred from the employer who filed it.? In that case I will not have pay checks from the employer who have filed for my H1B.

Please guide me through this.

Thanks much in advance!

[flyingron]

While people call it "transfer" there really isn't such a thing. Your new employer will sponsor you for a new visa. You do get to skip some of the steps because you've already done them for the first time around. YOU BETTER NOT HAVE PAYCHECKS (or even worked) for an employer other than the one who sponsored your existing visa. That is ILLEGAL.

[vikrantc_usa]

Thanks for your reply.

I am on OPT status now and will continue to work on it.

Some other employers will file for my H1B and if it's gets approved, then can I get it transferred to another employer without joining the first employer who filed for my H1b originally.?

[flyingron]

Again, there's no such thing as transferring the H-1B. A different employer can apply for an H-1B for you. You may be able to skip steps that you have already completed (notably some of the cap clearances). Note that you are screwing the first employer if you don't actually work for them. It costs them serious expense to put you through the process if you don't intend to work for them.

If you are here on H-1B, you may only work for the employer that sponsored that visa. If you quit, the visa will be canceled. If you want to work elsewhere, you'll need a new visa.BEFORE you commence working there.

[victorpatrick]

Despite what people call it, "transfer" isn't actually a thing. You will be sponsored for a new visa by your new employer. Since you've already completed some of the steps once, you are able to skip some of them. YOU MUST NOT HAVE WORKED OR HAD PAYCHECKS FROM ENTRIES OTHER THAN THE ONE THAT SPONSORED YOUR CURRENT VISA. It is not legal.