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How soon can I transfer my H1b?

San Jose, CA |


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

  1. They can start.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.

  2. 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.

  3. 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 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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