Change employer without working for H1B sponsoring employer

[maq]

Situation:

I am currently in US on L1B from Employer A (petition and I-94) valid till Feb 2021 and would have another 2 years to max out (Feb 2023).

My current employer is not supporting to file H1 B, so I want to apply for H1B consular processing through another employer B this year, so that I can initiate PERM/I140 and secure an early priority date.

I understand that with consular processing approval, USCIS would give me I797-B (without I-94), which means I can continue to work for Employer B, till I re-enter US with H1B visa stamped on passport.

 

Assuming my H1B would be picked & approved in 2020 with 2-3 years validity, I have below few queries:

Questions:

1. Can my H1B (which would be approved for Employer B) be transferred to Employer A, while I continue to work for Employer A?

2. How long can I wait (and continue working for Employer A on L1B), before going for H1B stamping and start working for Employer B (assuming Employer B would not revoke my H1B anytime soon).

3. Can I change employer i.e., work for Employer C immediately after I get H1B stamping done?

 

Thanks for your feedback.

[User099]

On 2/15/2020 at 2:30 PM, maq said:

I understand that with consular processing approval, USCIS would give me I797-B (without I-94), which means I can continue to work for Employer B, till I re-enter US with H1B visa stamped on passport

This is not right. You can't work for Emp B if you get a I797B till you get a visa stamped and travel back.

1. No.

2. Its up to your Emp B as to how long he is willing to wait. 

3. I would atleast wait for 1-2 paychecks from Emp B to initiate the transfer. 

[Attorney_15]

USCIS does not necessarily approve H1B Petitions for 2-3 years even when requested by an employer. When someone is issued an H1B approved for consular processing it is best to travel for the visa stamp as promptly as possible because the more time that passes between approval and the visa interview, the more likely that the Consular Officer will decide to spend more time on background checking of the work and ask for more documents. Furthermore, it is important to note that a person is not generally considered by the law to be counted against the cap merely because the H1B is approved for consular processing; one normally must either get the visa stamp based on the approval notice or be issued an I-94 card.