Change employer before H1B starts?

[plasma]

Hello! I'm currently on H4 visa, and applied for H1B. My H1B got approved and I can start work from Oct 2015. My employer will be paying a bit lower-than-average salary. So can I interview with other companies now and join a different company? Or is there a minimum time period with which I need to have worked with my current employer before I can shift a H1B transfer be made? 

 

Thanks in advance.

[jairichi]

Your employer has to pay you as per LCA. Join employer and later move to a new employer based on H1B petition approval with new employer.

[plasma]

@jairichi:

 

Thank you for the reply. I understand the employer has to pay me; but if I manage to get an offer from another company before Oct 1st, that'd still be legal right? Can an employer apply for H1b transfer petition from my previous employer BEFORE even I've worked for the previous employer?

[jairichi]

@jairichi:

 

Thank you for the reply. I understand the employer has to pay me; but if I manage to get an offer from another company before Oct 1st, that'd still be legal right? Can an employer apply for H1b transfer petition from my previous employer BEFORE even I've worked for the previous employer?

If new employer files a H1B petition before Oct 1st then that petition will be denied along with the initial H1B petition that was approved. In that scenario you will need to go under cap again. That is the reason why I said you need to work for H1B employer and immediately apply for H1B transfer with new employer. All this can happen only after Oct 1st.

[JoeF]

@jairichi:

 

Thank you for the reply. I understand the employer has to pay me; but if I manage to get an offer from another company before Oct 1st, that'd still be legal right? Can an employer apply for H1b transfer petition from my previous employer BEFORE even I've worked for the previous employer?

 

No, it isn't. Then the H1 would be invalid.

See http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/