H1b Transfer before Oct 1st

[harshitsheth]

Hi,

I am currently working in the US on an L1b Visa. My current employer has filed for my Change of status H1b this year. I want to change my employer and have some questions regarding the same:

1) If I go back to India before Oct 1st. Can I transfer my H1 to a new employer without it being stamped in India via my current employer? Can I do this transfer before Oct 1st?
2) If I manage to work for my current employer in the US until Sep 30th. Can I transfer my H1b to a new employer and then start working for the new employer starting Oct 1st?
3) Can I start my H1 transfer process while in the US before it had been approved?

Thanks,

[shervin143]

1) If I go back to India before Oct 1st. Can I transfer my H1 to a new employer without it being stamped in India via my current employer? Can I do this transfer before Oct 1st?
>>> Possible. You will need a copy of the approval notice (or at least the receipt number).

2) If I manage to work for my current employer in the US until Sep 30th. Can I transfer my H1b to a new employer and then start working for the new employer starting Oct 1st?
>>> Yes. The new employer should have filed the H1B petition using the CAP from your previous H1B approval notice and should have received the receipt notice before you can join them.

3) Can I start my H1 transfer process while in the US before it had been approved?
>>> No. You will secure a H1B CAP only when you petition gets approved. A transfer is possible only when you have already secured a H1B CAP.