H1B Transfer Before Oct 1

[eram17]

Hi,

 

   My H1B application applied through Employer A got selected in lottery and now in RFE.

 

Lets say that the application gets approved by August 2015.

 

Now, is it legal to apply for H1B Transfer through Employer B to start the employment with Employer B from October 1 .

 

If not, minimum how much time do we need to work for Employer A before starting the H1B Transfer?

 

Thanks in Advance.

[JoeF]

If you transfer before Oct. 1, the H1 will get revoked and the number be put back in the pool for somebody else.

In such a situation, USCIS assumes that the original job does not exist, which makes the H1 petition invalid.

[jairichi]

Employer B can file a cap exempt H1B petition after Oct 1st. If for any reason employer withdraws H1B petition before Oct 1 even after approval you have to go under cap again next year.

[aa11]

Hi Jairichi,

 

I have a similar situation. My H1B from employer A has been picked up in lottery but before it is approved I will be in the US on L1B from my current employer, employer B. 

 

I don't want to miss out on lottery, so can employer B get the H1B transferred without me working a single day for employer A?

 

Thanks for your help !

[jairichi]

Hi Jairichi,

 

I have a similar situation. My H1B from employer A has been picked up in lottery but before it is approved I will be in the US on L1B from my current employer, employer B. 

 

I don't want to miss out on lottery, so can employer B get the H1B transferred without me working a single day for employer A?

 

Thanks for your help !

Yes, provided employer A's H1B petition gets approved and not withdrawn before Oct 1st.

[jairichi]

Hi Jairichi,

 

I have a similar situation. My H1B from employer A has been picked up in lottery but before it is approved I will be in the US on L1B from my current employer, employer B. 

 

I don't want to miss out on lottery, so can employer B get the H1B transferred without me working a single day for employer A?

 

Thanks for your help !

To add, employer B or any employer has to file a cap exempt H1B petition only after Oct 1st.

[aa11]

Thank you Jairichi.

 

Another query is why is Oct 1st such an important date in terms of H1B processing? What happens on Oct 1st?

[jairichi]

Thank you Jairichi.

 

Another query is why is Oct 1st such an important date in terms of H1B processing? What happens on Oct 1st?

Because that is the start date for a cap subject H1B petition. Filing a transfer before that is equivalent to informing USCIS that a job never existed for the cap subject H1B petition that was approved.

[JoeF]

Thank you Jairichi.

 

Another query is why is Oct 1st such an important date in terms of H1B processing? What happens on Oct 1st?

 

The US Fiscal year starts on Oct. 1. The fiscal year 2016 starts on Oct. 1, 2015.

The quota and lots of other things are per fiscal year.

[aa11]

I understand that if employer A withdraws the petition before october 1st for some reason, employer B cannot file a cap exempt petition.

 

Can employer A withdraw the petition after Oct 1st? If no, is there any I can lose my lottery after oct 1st?