H1 Transfer before approval

[rankwankjank]

I am currently on OPT and have an H1 petition at USCIS that is currently in review.

1. Is it possible for me to transfer H1 to another employer before approval?
   
2. Is it possible for me to transfer H1 to another employer after approval but before October 1st?
   

Thanks for your time.

[chtummala]

1 no .

2 h1 is valid from oct 1 .. you can not work on h1b before oct1 2012 for FY2013 cap

[wiweq]

1. No

2. Yes, approved H1b can be transferred before Oct1st, even though your H1b status has not been started.

[kattu786]

1. No

2. Yes, approved H1b can be transferred before Oct1st, even though your H1b status has not been started.

Hi Wiweq,

For ques 2 . can he start on basis of receipt number or he needs to wait fo the approval.Lets suppose the transfer is filed on 20th sep and the approval hasn;t come till 1st oct , can he join the new employer on 1st oct or he needs to wait till it is approved

[wiweq]

"For ques 2 . can he start on basis of receipt number or he needs to wait fo the approval.Lets suppose the transfer is filed on 20th sep and the approval hasn;t come till 1st oct , can he join the new employer on 1st oct or he needs to wait till it is approved'

=> In this particular case, he should wait till approval. Starting work on receipt is only possible in the case of H1b extension/ H1b transfer. This is the case of F1 to H1b COS, so work only on approval not on receipt.

[rankwankjank]

Thanks for the replies. My H1 has been approved, so question 1 is out of the way.

For 2, Can the new employer apply for a transfer before Oct 1st and before approval, can I start working on my OPT?