H1 transfer question before H1start date

[usha_k]

Hi all,

i am on OPT currently and been laid off by the present employer, the issue now is I have a H1 approved visa which is starting from april 30th 2012 with this company and requested them to run my pay roll until may 4th just to get this H1 visa valid and to transfer to a new client.

few questions on this

1. What if I get a position before april 30th can I start working for this new client while still my old company runs pay roll?

2. Should I wait until apr30th to work ? or can I transfer H1 visa even before this date?

Can any one please help me what steps I have to take so that I will not fall in out of status.

Thanks

[kalyan_ac]

You mean approved H1b petition not visa?

If you can find a job before April 30th, the new sponsor can file for a h1b for you and you can start working for them.

But if you dont find one, you will be out of status from May 1st.

[usha_k]

Can anyone please help me.

[usha_k]

Hi thanks for reply

Yes I have a approved notice of H1 so can I transfer now after april 30th? I will be working with present employer until may4th. There is a company who is ready to do transfer so my question is should it be a new H1 any how? or can it be H1 transfer?

[kalyan_ac]

There is nothing called transfer. Every h1 is a new h1 except does it fall in or out of the quota.

Since you already have a h1, you will be cap-exempt.

Yes you can transfer to the new employer before you stop working here and you will need 2-4 pay stubs.

[usha_k]

Ok I do have pay stubs too and on what status will I fall on if I transfer even before my H1 starts until I get approved transfer notice?

[kalyan_ac]

OPT.