h1b transfer without attending first Employer

[djking]

Hello.

i have applied for first time h1b in july 2011. and i got approval of it. i am going to come to us now. now i have another company who wants to hire me full time.

so can i do the h1b transfer without attending the first employer even a once?

can i do h1b transfer on the day i arrive to usa first time and then start workig for second employer??

Really Really urgent help needed..

please..

[kalyan_ac]

Do you have your stamping done?

You will have to have some paystubs from the employer holding your H1b before you attempt make a transfer to a new employer.

If you want work the new employer, have them file for a new petition and you can come with new approval and start working for them.

[yshpakov]

To immigrationseeker,

About new petition for djking

Will it be a CAP based petition or CAP excempt petition? Will djking be available to start working as soon as petition is approved, or have to wait until October, 2012?

Thanks!

Best regards,

Yury Shpakov

[kalyan_ac]

Thats a choice,

You can file as cap-exempt as it was first filed in less than 6 yrs ago and stay out of quota or file in the quota and get a fresh 6 yr term.

[bandoayan]

Hello.

i have applied for first time h1b in july 2011. and i got approval of it. i am going to come to us now. now i have another company who wants to hire me full time.

so can i do the h1b transfer without attending the first employer even a once?

can i do h1b transfer on the day i arrive to usa first time and then start workig for second employer??

Really Really urgent help needed..

please..

You can do H1B transfer without working for the first employer even for a single day. I did the same in 2005 when my first employer A was not able to provide me a project and I joined employer B on the day I landed in US. The question of paystub did not arise in my case because legally I worked for only 1 day for employer A.

[goomail]

djking,

If you did not join the first employer in US yet, the new H1 is not a transfer, but it will be a new H1 petition. So, your new employer need to file a new H1 petition and they can request an immediate start date since you were already cap counted.