H1B Transfer without joining the first company

[fellowimmigrant]

Hi Community, 

I have entered US  in first week of Sept with a I797 approval notice from Employer A and I haven't joined them yet. Meanwhile I have received an offer for a full time job from employer B and I would love to join them. For the H1B transfer process to happen without any issue, Do I need to join Employer A and work for them for at least 1-2 paystubs time period and then move to Employer B or am I allowed to switch to employer B without any paystubs? 

[pontevecchio]

If you entered on an H1 VISA stamp, you could very well change employers. It is vital to get lawyer guidance as you are in the firing line.

 You can ask B to file an H1 petition for you in Premium Processing. Should they be successful and you get approval with an I94, you are fine.

 

Edited September 21, 2023 by pontevecchio

[Attorney_24]

In order to be eligible for an extension of H-1B status you must show proof that you are in valid H-1B status or in a grace period following cessation of employment.  It appears that you are not  maintaining valid H-1B status as you are not working for A and getting paid.  If B files a change of employer petition now even though the petition may be approved the status benefit request may be denied.