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Jemmi82

Is it possible to do H1B Transfer before Stamping the Visa.

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Hello,

I am currently working on H4-EAD; my H1B is also approved this year with my current employer, however since I chose the consular processing for H1B, my status did not change automatically to H1B. And my understanding is that, I need to stamp H1-B visa from US consulate outside the US, then only my status changes to H1B.

Question is, Is it possible to transfer my H1B to a new employer in the current state? Let’s say if I get a new job now, and start the employment on H4-EAD, then what happens to my H1B? Can that be transferred to my new employer?

Thanks in advance for your help and guidance!!

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No. You need to have started working for the original employer on the H1.

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I spoke with a lawyer recently. He said if your H1 is approved very recently and you have not yet started employment, you can transfer to a new employer but it has to be very soon probably within 1-2 weeks from day of your approval.

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2 hours ago, vine said:

I spoke with a lawyer recently. He said if your H1 is approved very recently and you have not yet started employment, you can transfer to a new employer but it has to be very soon probably within 1-2 weeks from day of your approval.

USCIS has a memo from 2015 that contradicts that. Find a better lawyer.

If you have not started employment or gotten an H1 visa you are not considered counted for the quota, which means the H1 can't be transferred.

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