New H1B transfer before Oct 1st 2012

[nchhabria]

Here are 2 scenarios:

1. If I have an employer A who is willing to file for new H1B preminum on April 1st 2012 and if it gets approved by May 1st 2012 then I will be able to join A on Oct 1st 2012. Am I right ?

2. But If in between say by June 2012 another employer B wants to hire me then is it possible to trasnfer the H1B visa to employer B before Oct 1st 2012 and work for B after that ?

Thanks.

[jai5]

Yes.

After approval you can transfer H1B to another employer but under new cap you can start working only from Oct 1 st 2012

[kalyan_ac]

You will need the pay stubs, experience letters etc from company A to be able to transfer to company B.

[nchhabria]

Hi immigrationseeker, I will not be able to work for company A until Oct 1st 2012, so are you saying that I cannot transfer the H1B before Oct 1st 2012 ? but as per Jai5 I can do that.

Which is the right answer from the two.

Thanks.

[nchhabria]

Also FYI I am on L1 status currently and plan to start the new H1B process on April 1st 2012

[kalyan_ac]

@Consultant_h1b: Ok since you are on L1 and moving to H1b you can apply with both Company A and Company B, and work with anybody you like from Oct 1st. But why would Company A pay for you if you have no intention to work with them.Please make sure you have no contracts and its genuine company so that you will not have problems with stamping in future.

[nchhabria]

ok got it. I was asking because I will file with the intention to work with A, but what if there is a better position at B sometime later, so did not want to limit myself, from a legal point of view, just becasue I filed with A earlier. I will surely repay the damages to A and make a clean exit.

So you mean USCIS will accept 2 petitions for me from different empoyers, no issues with that, right ?

And what will happen to the approved h1 from A, after I join B on Oct 1st or vice versa, does it get cancelled on its own or I need to perform some step ?

Thanks.

[kalyan_ac]

You can have two petitions at the same time.

If you leave your employer, the employer has to revoke the h1b petition, you do not have to do anything.