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How soon can I transfer my H1b?

San Jose, CA |

Hello

I have an approved H1b starting from oct1 this year.
Due to some reason as oct 1 is still 4 months away, I might want to change jobs.
How soon can a new employer file for a transfer petition? Can they file for it as soon as I come on H1b on oct 1,2013? or I have to wait for some time and work on this h1b for a period to get pay stubs? please note that I don't want to wait and want to transfer asap.
both the employers are cap subject ones. Currently on H4.

Attorney Answers 3

Posted

They can start.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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2 comments

Asker

Posted

Can you please be more specific? they can start when? can they start as soon as on Oct 1? what dates approx can they start?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

New employer should hire an immigration attorney to assist them. They can start working on the new petition since this one was approved.

Posted

You must commence your H1b in order to port to a new employer.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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9 comments

Asker

Posted

Thanks for your reply. Yes I know, and I will commence on Oct 1. The question I asked is how soon (dates) can the h1 transfer be filed? Can it be filed as soon as Oct 1 as I would be on H1b on Oct 1 onwards?

Asker

Posted

Can you please be more specific? they can start when? can they start as soon as on Oct 1? what dates approx can they start?

Stephen D. Berman

Stephen D. Berman

Posted

October 2 would be the best, at least you could show you worked on your H1b on October 1st.

Stephen D. Berman

Stephen D. Berman

Posted

They file October 2. The application is received at USCIS October 3, and you start work at the new place October 4.

Asker

Posted

Thanks for responding. again how can I 'show' I worked on oct 1 ? I won't get pay stubs for 1 day. I will have my approval notice and I94 card which I can submit with the transfer petition which says that I am on h1b from Oct 1. is that enough?

Stephen D. Berman

Stephen D. Berman

Posted

No, it won't be enough, you have to show you worked.

Asker

Posted

Thank you for making it clearer. Just one concern on this, do I need anything else from my previous employer apart from approval notice and I94? Thats all I have and working for them for 1 day won't get me paystubs. I might get pay for 1 day later on depending on company policy but it wont be soon enough to submit with my transfer petition.

Asker

Posted

Again, how will I 'show' that I worked if its just 1 day?? my current company runs pay roll monthly and not on a day to day basis.. is there some other way to 'show'??

Stephen D. Berman

Stephen D. Berman

Posted

No.

Posted

I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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1 comment

Asker

Posted

Thank you. But its still not clear to me. Can the new employer start transfer process as soon as I come on h1b on Oct 1st? Or there is some time period I have to serve on current h1b to be eligible for transfer?

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