H-1B Transfer from one employer to another

[Parshv]

Hello everyone!

I'm filing my H-1B this year with my current employer and when I asked the immigration team they informed me that "I need to be with the company until 1 pay period after October 1st so basically till November for my H-1B to be effective. If in any case my role is terminated before November then my H-1B petition whether it's pending or approved will be withdrawn by the company". And based on the current situation I'm not sure if I'll be with my current employer till November due to high chances of getting laid-off. Are we allowed to transfer our H-1B once it's approved to a different employer or what the immigration team said is correct that we can't transfer until 1st November? And in the case that I can't transfer approved H-1B petition to a different employer until 1st November, what steps can I take in this situation?

Any help is appreciated. Thank you! 

[Zodiac System]

What I am understanding is that you will be entered into H1b lottery by your current employer.  If selected, your status will change to H1b status, only from October 01, 2024 onwards.  You will need at least one paystub on H1b status (October month) to transfer to another employer and this paystub will become available to you only in November 2024.  Hope this clarifies.  Good Luck.

Edited February 8 by Zodiac System

[pontevecchio]

Your HI Visa stamp based on this approval will mean you are considered cap counted for the lottery and entitled to a total of 6 years in H1 status. So get the visa stamp.

[Zodiac System]

There may be a way around this.  Try concurrent H1b with another employer, Check with an attorney on this.  Good Luck.

[Parshv]

Can we still apply for concurrent H1b lottery with another employer this time? I though the new regulation by USCIS prohibits the multiple H1B filings in the lottery. Isn't it?

[Zodiac System]

On 2/8/2024 at 2:52 PM, Parshv said:

Can we still apply for concurrent H1b lottery with another employer this time? I though the new regulation by USCIS prohibits the multiple H1B filings in the lottery. Isn't it?

Concurrent H1b does not apply to the lottery, as you do not have a H1b then.  

Concurrent H1b works only for those who already have an active H1b, after winning the lottery.