H1b Transfer before Oct 1st

[harshitsheth]

Hi,

I am currently working in the US on an L1b Visa. My current employer has filed for my Change of status H1b this year. I want to change my employer and have some questions regarding the same:

1) If I go back to India before Oct 1st. Can I transfer my H1 to a new employer? Please note that in this case I would only have the petition with me. I won't have my H1b stamped. Also, Can I do this transfer before Oct 1st?

2) If I manage to work for my current employer in the US until Sep 30th. Can I transfer my H1b to a new employer and then start working for the new employer starting Oct 1st?

3) Can I start my H1 transfer process while in the US before it had been approved?

Thanks,

[pontevecchio]

You need a H1 petition approval first which makes you subject to the cap. Once a petition is approved future employers can file a H1 for you.