H1B Transfer without working for employer

[h1bseeker1984]

Hello Gurus,

I have a query regarding H1b transfer

I got my H1b stamped through a company and the start date obviously was Oct 1 but I don't intend to travel until Dec 2012. Now, I have received an offer from another big consulting firm which I am seriously considering. So, the below questions arise:

1) Can I transfer my H1B to the new employer without even working for the original sponsor.

2) I intend to enter US on the 1st stamping, resign immediately and start the transfer process for the second employer. Is this possible without having paystubs from the 1st employer.

3) Since I won't have any US paystubs from the original sponsor, will USCIS classify my petition as consular processing and will I be required to leave and re-enter US for a new I-94? If yes, Do i need a new stamp as well? My original stamp is valid for 3 more years

Appreciate the help

Thanks

[pontevecchio]

Why do you want to complicate your life? Have the new company file a H1 petition with PP and use the existing visa with the new approval to come over.

[h1bseeker1984]

Hi ponte,

Appreciate your response

Actually, the new employer wants to meet me face-to-face in the US and only then they will finalize me but there are strong chances that they will extend me an offer, once I am there. Hence, the above questions arise. Could you give me some sort of indicative answers for those questions

Once again, your advise is highly appreciated

Thanks

Vivek

[pontevecchio]

You can come over and join the first company and have the second one file your H1 and on approval join them. Short cuts usually are bad for you. You should discuss the possibilities with a Lawyer. You would have up to 30 days to actually report to A.

[h1bseeker1984]

Hi Ponte,

Sure..I guess that's what I intend to do but the question is that the 2nd employer may start my H1 transfer before completing one month at the 1st employer and hence I may not have paystubs. In that case, will it be approved with consular processing?

Thanks,

Vivek

[h1bseeker1984]

Hi Ponte,

Sure..I guess that's what I intend to do but the question is that the 2nd employer may start my H1 transfer before completing one month at the 1st employer and hence I may not have paystubs. In that case, will it be approved with consular processing?

Thanks,