H1B Transfer before October 1st

[nileshpatel]

I am on L1B Visa valid till October,24 2013 with Company A.
Company B applied for my H1B visa and I got RFE. Company B will send RFE response with a week or 2.
1) If meanwhile I got good offer form Company C. Can I transfer my H1b for Company C before I start working for Company B.(My Fresh H1b is currently in RFE status).
2) If I get the H1B approval on September 20,2013, Can I serve 1 month notice period on my L1B and join H1b company by October 20.
3) I have approved I797 of 2009 for H1B with Company D. I got RFE on it when I went for H1B stamoing and than never responded back.Can I use that petition for H1b transfer under cap exempt.

 

[jairichi]

I am on L1B Visa valid till October,24 2013 with Company A.

Company B applied for my H1B visa and I got RFE. Company B will send RFE response with a week or 2.

1) If meanwhile I got good offer form Company C. Can I transfer my H1b for Company C before I start working for Company B.(My Fresh H1b is currently in RFE status).

2) If I get the H1B approval on September 20,2013, Can I serve 1 month notice period on my L1B and join H1b company by October 20.

3) I have approved I797 of 2009 for H1B with Company D. I got RFE on it when I went for H1B stamoing and than never responded back.Can I use that petition for H1b transfer under cap exempt.

 

(1) If this is your 1st H1B visa petition you can not transfer to company C unless it is approved first for company B. Only after approval a transfer could be initiated.

(2) If it is a COS from L1A to H1B with a start date on Oct 1st 2013 I believe you have to join your H1B company by Oct 1st.

(3) Your question is confusing as there is only administrative processing during H1B visa stamping and not RFE. Could you clarify? If it is indeed administrative processing for H1B visa but your I797 was approved you could use that petition to file for a cap exempt H1B petition

[0407]

You can use 2009 petition right away and apply for H1B transfer via an employer. Once approved

you can begin working for them.