Can company apply for H1B "transfer" before H1B period starts (oct1)?

Hi All,

Can anyone tell me if following plan is safest way to change employment before Oct1 while currently having approved H1B?

Company A had sponsored H1B for me which got approved. Now Company B is willing to hire me. Company B is going to apply for H1B “transfer”. If H1b transfer is approved before Oct1 then I can join company B and work till 30 Sept on OPT while H1B period for Company B will be effective starting Oct1.

To be on the safer side, I am not going to leave my current employment until Company B’s H1B petition gets approved although I can start working for Company B on my OPT anytime now and have them simultaniously work on H1B transfer.

Please let me know your opinion/advice. Some doubts I have in mind are:

  1. Since my H1B wont be effective till Oct1, can Company B apply for H1B “transfer” before Oct1? If I am not on H1B until Oct1 the how can H1b transfer be applied before Oct1? I do have H1B approval notice from current employer and current paystubs. Some forums suggest that H1B transfer can be done while other suggest its a tricky process and lawyer has to be very experienced.

  2. This might be the dumbest question but are there any complications if Company B files for H1B transfer before Oct1 and it gets approved after Oct1? I guess I still can continue working with current employer even after Oct1 till transfer gets approved.

All inputs will be helpful and very much appreciated.

Thank you.

Are you in the US on h1b status or still in your country?

I have the same situation as you.

I am in US currently