H1B Transfer before October 1

Question details

Hi Rajiv ji, This is Harsh. I work for an employer A on STEM OPT. They registered me for the h1b lottery but it didn't get picked up. But I also had another offer from other employer B they also registered me for the h1b lottery and it got picked up and they have filed my h1b case and it's approved now. Can I transfer my h1b to employer A now before October 1 ? Please let me know

ANSWER

If the employer who filed your H1B revokes it before October 1, the current thinking of the USCIS is that you have lost your place in the lottery.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Comments

Submitted by Ravi (not verified) on Sun, 06/26/2022 - 04:12 Permalink

I am in India never travelled USA. I got selected in 2020 lottery. I have my visa stamped in Jan 2022 from Employer A can i transfer to employer B in India. ? surely i have to resign in India from employer A and they will revoke my H1B.

Submitted by Rajiv S. Khanna on Sun, 07/03/2022 - 13:00 Permalink

You do not have to wait till October one. You should be able to transfer any time but have a detailed conversation with your new H1 lawyers.

Submitted by Laxmi (not verified) on Sun, 07/03/2022 - 13:56 Permalink

Hi Rajiv Sir, I got my I797 approval notice from USCIS for employer A. But unfortunately got terminated. I may not have Oct paystubs to show to my new employer. Will my H1B turn null and void and my new employer has to file it again. Or H1B transfer is possible?

Submitted by Rush Shah (not verified) on Tue, 07/19/2022 - 17:14 Permalink

Hello Rajiv Sir,

I have similar situation where I'm on STEM OPT, I got my h1b picked up and soon I'll get approval, October 1 I can't transfer but before that can I start working for company B on STEM OPT. would USCIS question termination of my employment for company A when I try to transfer ? Am I able to work for company B on STEM OPT before October 1.

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