Can i transfer H1b from one employer to other with out working for my first employer

[AAnilkumar]

Hi community,

I live in PA on a H4 visa and I approached a consultancy which is in VA and they applied for H1b and my petition got approved, now they are my employer. My start date of work is October 1st. As per the initial discussion with my employer, my work location will be VA. However due to the current job market they said I have to move anywhere they find a client. Now i found a full time job in PA.

My question is, Can I transfer my H1b to the new employer (where i got a fulltime) without working for the consultancy from day one or Is it required/recommended to get one or more paychecks after working with the consultancy? Will it lead to any RFE during the H1b transfer? Will the h1b transfer from day one to a new employer affect when I apply for a green card in future? 

Please help me clearing these doubts.

[JoeF]

You need to start working for the original employer on the H1 before the H1 can be transferred.

[fellowimmigrant]

I have same issue and I would love to know an attorneys opinion on this. 

[AAnilkumar]

On 9/18/2023 at 2:15 PM, JoeF said:

You need to start working for the original employer on the H1 before the H1 can be transferred.

Thanks for responding, i would like to ask for how many days minimum should i need to work with my original employer?

[JoeF]

On 9/24/2023 at 11:08 PM, AAnilkumar said:

Thanks for responding, i would like to ask for how many days minimum should i need to work with my original employer?

 

The rule is that if this was a COS you have to start working for the employer on the H1 to be considered counted for the quota and therefore being able to transfer the H1. There is no specific duration, so technically you could work for 1 day and then quit. However, USCIS usually wants to see a paycheck, to see that the person actually did work for the employer. So, it usually is recommended to work for 1 or 2 pay periods before changing jobs.

Oh, and once you report to work they have to start paying you, even if they don't have a client for you.

If you are outside the US, getting the H1 visa stamp is considered being counted in the quota, so in that case a transfer would be possible without working for the employer, but having the visa stamp.

Edited September 27, 2023 by JoeF