Any time limit on joining new employer after H1B transfer approval

[rahuljoshi285]

I got my H1b petition approved for a new employer but have not joined even until 90 days. Is there any time limit within which I had to join my new employer? Does the approved transfer stands void for not joining in this time? Can I still join that employer? Can I leave the country and come back on this approved petition? 

[jairichi]

No time limit to join new employer after approval of cap exempt H1B petition. By law employer has to revoke petition if you are not working for them. Only if petition is not revoked by employer your can join employer. If you leave country and want to return it can be done only if petition is not revoked and you have a valid H1B visa and I797.

[wiweq]

I got my H1b petition approved for a new employer but have not joined even until 90 days. Is there any time limit within which I had to join my new employer? Does the approved transfer stands void for not joining in this time? Can I still join that employer? Can I leave the country and come back on this approved petition? 

 

H1b starts when the H1b petition is approved and employee-employer relationship is created. This relationship is created when you start working for your employer and they pay you for the same. Now, because this relationship is not created that H1b petition has no meaning for you. Legally they should revoke this unused H1b petition, but this has nothing to do with you. They have paid for this petition and they have all the rights to handle this petition. If they are still interested to  create this relationship, I would suggest you to get this intention in writing by exchanging some emails and retains those a proof. Only approved H1b/I797 is not enough to enter in USA. At POE, you should have proof of this "relationship" too. This can be shown by employer-letter stating your role, job duties and pay.