H1B transfer before October-1st while in H4


pranavven

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I am on H4 visa living in USA. Currently I have a approved H1 petition with Company A and I can start working from OCT-1-2013(fiscal 2014). I got a job offer from Company B and they would like to do a H1 Transfer.

 

Note: I have the approved H1 docs(I797) original copies with me for Company A. 

 

1) Am I allowed to apply for H1 transfer to Company B before OCT-1-2013 ?

2) Please provide a brief description of how this H1 transfer is legally possible ?

3) I understand that my H1 transfer is a really legally possible, The immigration / HR team of the organization claims that irrespective of the case, they need 2 pay stubs to initiate H1 transfer. How should i clarify their wrong understanding (may be some references of USCIS rules would help)? 

 

Thanks in advance.

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I am on H4 visa living in USA. Currently I have a approved H1 petition with Company A and I can start working from OCT-1-2013(fiscal 2014). I got a job offer from Company B and they would like to do a H1 Transfer.
 
Note: I have the approved H1 docs(I797) original copies with me for Company A. 
 
1) Am I allowed to apply for H1 transfer to Company B before OCT-1-2013 ?
2) Please provide a brief description of how this H1 transfer is legally possible ?
3) I understand that my H1 transfer is a really legally possible, The immigration / HR team of the organization claims that irrespective of the case, they need 2 pay stubs to initiate H1 transfer. How should i clarify their wrong understanding (may be some references of USCIS rules would help)? 
 
Thanks in advance.

 

(1) Yes, you can

(2) A new employer has to file a cap exempt H1B petition for you and upon approval you can start working for new employer.

(3) You do not need any pay stubs as you are still in H4.

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