Transfer approved H1b before Oct 1st ?

[animohanty]

I am in my opt period and have an approved H1B from my employer( valid from Oct 1). Can I have my H1 B transfer to a new employer before OCT 1st or if I have to apply as New H1B would that have to go through Cap?

[rahul412]

Yes, you file transfer to new employer before Oct. This transfer is nothing but a new H1 but cap exempt.

[kirandinesh]

"This transfer is nothing but a new H1 but cap exempt."

Rahul,

Can you please elobrate on this? I'm having the same situation.

[rahul412]

"This transfer is nothing but a new H1 but cap exempt."

Rahul,

Can you please elobrate on this? I'm having the same situation.

H1 transfer is nothing but a new H1 petition filed by your new employer. But this will against cap count that is 65,000. So your H1 transfer can be done at anytime during year unlike first H1 which has to be filed on April 1st.