Transfer approved H1B before October and work start date

[pdoll]

Hello,

I am currently on H4 status and I got my new H1B approved with start date of 1st Oct 2011 for company A.

Now a got a compelling offer from company B and they are willing to transfer( based on my approved H1B) before October so that I can start with Company B from 1st Oct 2011.
can you please let me know the following?

1. If Company B applies H1B in regular processing, can I work for company B starting from 1st Oct 2011?

2. Or should I wait until the H1B petition submitted by company B gets approved before I can start with company B?

3. Should I ask company B to do a premium processing for H1B transfer so that I can start on 1st Oct 2011?

I appreciate any reply/pointers. Thanks in advance!

[shervin143]

1. If Company B applies H1B in regular processing, can I work for company B starting from 1st Oct 2011?
>>> Yes. But of the transfer gets denied, then you will be in problem.

2. Or should I wait until the H1B petition submitted by company B gets approved before I can start with company B?
>>> That will be the better option to be on the safer side.

3. Should I ask company B to do a premium processing for H1B transfer so that I can start on 1st Oct 2011?
>>> Yes. You should do that instead of taking chances. If the transfer gets denied, you can join employer A.

[pdoll]

Hello, Couple of follow up questions regarding my status change (H4 to H1B) effective date?



1. If my company A asks me to join only on Oct 10 (even though a fresh H1B was approved from 1st Oct ), what will be my non-immigration status until Oct 10? Will I still be in H4 or will I go out of status?

2. When will my H1B status be effective? 1st Oct or date of join?

[shervin143]

Your H1B will be effective as of the effective date mentioned in the approval notice. You should be employed and start getting paid from that date. Otherwise you will go out of status.

Hello, Couple of follow up questions regarding my status change (H4 to H1B) effective date?

1. If my company A asks me to join only on Oct 10 (even though a fresh H1B was approved from 1st Oct ), what will be my non-immigration status until Oct 10? Will I still be in H4 or will I go out of status?

2. When will my H1B status be effective? 1st Oct or date of join?