H1B Transfer Before Joining The Company

[pastispast]

Hey ,

I would like to thank you before hand in helping me out. In june I got a job with a Company A and they filed for my H1b(advanced degree). Which is approved by now. Now I have got a job with another Company B which is better then that of Company A. My question is that Can I transfer my H1B to Company B, I am currently on OPT just graduated in May 06, considering this in mind that I have not worked for Company A for a single day , I have to start my first day at work for Company A in late august.I have never had an H1b stamped on my passport. Can I do a H1 transfer from Company A to Company B in this situation ?

Thank you again

[Mr. Knowitall]

What is the effective date for the H-1B?

[pastispast]

Its october , if you are talking about the start date of the H1B.

Does it changes anything ?

Any solutions

[Mr. Knowitall]

You can't transfer your H-1B until the effective date, although the petition can be submitted before that time.

[cbg]

My knowledge of H1B visas is limited, though not non-existant, and is exclusively from pre-9/11. So some things may have changed.

From my experience, technically, though commonly referred to as a transfer, what happens is that one H1B is revoked in favor of a new one under the sponsorship of Company B and is for the remaining time left on the first one. But that's more semantics than anything.

I will defer to Mr. Knowitall on the timing issue. If I recall correctly and if things have not changed in the last few years, if you have a valid H1B from company A and you have applied for the transfer/new visa through company B, you can go to work for Company B while the new visa is pending; you do not have to wait until it is issued.

Is that still the case, Mr. K?

[Mr. Knowitall]

It's my understanding that this poster is in OPT status - Optional Practical Training associated with academic studies. Their first H-1B is approved, but doesn't become effective until October. To benefit from "portability" - being able to transfer the H-1B from one employer to another - the H-1B must be in effect, and thus the transfer cannot occur until the October effective date.

If the person had an H-1B presently in effect, and was seeking to renew the H-1B, the person would be in active H-1B status and thus could take advantage of portability before the renewal became effective.

[cbg]

Ah, that's the point I missed. Thank you.

[pastispast]

Hey ,

Thank you both of you for answering my question.

If the Second company files for H1b before the effective date. Can it get the transfer approval before oct 1, if done under the premium processing.

Thanks in advance,

[Mr. Knowitall]

There is no portability until after the H-1B is in effect.

[pastispast]

I just got my h1b approval . Can a company who has given me a job offer ,file for a transfer of h1b in septmeber and get a transfer?