Best way to transfer H1B to a different employer immediately after approval?

USA H1B Visa
1

I am currently on H4 EAD. I have been working as consultant for company A (non-IT firm) since last year. This employment is directly through Company A. Considering uncertainty of H4 EAD, I approached staffing agency (Agency B) in Feb 2019 to file for H1. My hope was to get H1 through Agency B and work for Company A via the staffing Agency B. Even before I knew the outcome of H1 lottery, Company A offered full-time job which I accepted. After couple of weeks of accepting full time offer, my H1B through Agency B got picked in the lottery and is currently under process. If H1B with Agency B is approved, I am unsure of its impact on my employment with Company A. My goal has always been (and is still is) to work for Company A.

  1. Will H1 approval invalidate my current H4 EAD? If yes, when? Oct 1 or as soon as H1B approval?

  2. If H1 is approved (before Oct 1), can I transfer it from Agency B to Company A immediately? If not, when can I transfer it?

  3. Will my H1B approval force me to take a break from my full-time employment with Company A during/before/while H1 transfer?

  4. What is the best way to transfer H1 from Agency B to Company A without causing any employment break?

Thank you.

2

Well, it depends on how you filed it as COS ( change of status) or consular processing. If COS, your status changes on Oct 1st.

It is recommended that you work for few days, after October 1st, at least before you transfer.

No, it is up to you… If you have filed as COS, you can ask your employer to reapply COS to H4 so that it does not kick in.
You work on B for few weeks, get couple of pay stubs and then join A.

3

Thank you, Kumar. Your response was very helpful.

1 Like
4

When the status is changed to H1, wouldn’t it automatically invalidate the H4 EAD? Can the COS to H4 be filed before the H1B status starts?