Complicated H1B Transfer

[johnnyboy]

Hi,

I am currently on my OPT(F1 expired last month) working for employer A since Jan 2011. I have an approved H1B petition through this employer. This starts on Oct 1 2011.
I have not had this stamped and also its not active.

I have an offer from company B which will need me to start from sometime early to mid September.

What would happen if I left my current company before Oct 1? Do I have to start my new employer at least by early September so I can get another H1B application through (processing premium)?

If I were to leave after Oct 1 and visa is not stamped can I transfer to the new company ?

[shervin143]

Visa is just an entry document to U.S. You don't need a valid H1B visa to be stamped in your passport to work for any employer. Approved H1B petition and an associated I-94 is enough to start working. You need to maintain your OPT until Oct 1st. Your H1B will be effective only from Oct 1st. So even if the H1B transfer is filed in premium process, the effective date of the H1B will still be Oct 1st. You cannot work for any employer in H1B status before Oct 1st.

[johnnyboy]

@Sherwin

So, if I quit my current employer after Oct 1 (or technically Sep1 because OPT is valid for 90 (30?) days without employment) then I can start working for my new company on this approved H1B? Then, i work for three paychecks with my new company and then I transfer the H1B from company A to company B?

Am I getting this right?

[shervin143]

Whatever you have mentioned below will work. Alternatively, you can also transfer the H1B now and start working for the new employer starting Oct 1st.

So, if I quit my current employer after Oct 1 (or technically Sep1 because OPT is valid for 90 (30?) days without employment) then I can start working for my new company on this approved H1B? Then, i work for three paychecks with my new company and then I transfer the H1B from company A to company B?

Am I getting this right?