H1B Transfer - On OPT and might lose job

[Vanoct]

Hello,

 

I am posting this for a friend and would like to understand what options are available.

 

My friend is currently on OPT with approved H1-B in Company A which will be effective on October 1st 2013. Company A is a small product based start up american company and my friend is on probation for the next 4 weeks. If the performance does not improve within this time; his employment could be terminated.

 

To be on the safer side, can he apply for a H1 transfer with company B.

 

If yes to the above question and If company A terminates my friend's employment before the H1 transfer is successful; can he work for company B based on the H1 transfer receipt.

 

Will the H1 transfer have any problems if company A cancels the H1 before the transfer to company B is successful.

 

Please advise.

 

Thanks.

[rahul412]

He can file transfer at any time once the initial H1 is approved.