H1 B transfer from Company A to C without joining Company B


I am currently working for Company A on H1-B. Company B applied for my transfer and it got approved in Dec’12. However, I didnt join Company B and still waiting to join. In the meantime, Company C is ready to do my H1 transfer.

Can I go ahead with the transfer with Company C?

Does it create any issue or will it get approved without any issues?

Since I didnt join Company B yet, I dont have any paystubs from Company B. However, I am maintaining my status through Company A and I have all the recent paystubs through Company A.

Can I just submit Company A petition copy and pay stubs for transfer to Company C?

Does Company C have to know about the petition approval for Company B?

Please let me know.



Yes you can go ahead with the transfer with company C

It should not create an issue if all the documents are in-line with the USCIS guidelines and are accurate

Yes you just need to prove your legal status and the paystubs should be just fine

I am not sure about this. I think you need to give the latest I94. But again I am not sure about this

You can submit the petition and I-94 from A for the purpose of C’s petition. In other words, your situation is same to what it would have been had B would not have been in the picture.

You dont need to disclose any information about B or its petition to C.

as long as you have been on the payroll with the related approved petition, which you say you have when you are with A, you are good.

i just went through the exact process a few months ago.

all the best

In this case company B can ask for h1b transfer fees as he didn’t joined?

Hi Deepaka,

I have an approved H1B petition from company A which is valid till 2015. I got a new offer from company B a month ago, filed for a H1B transfer and currently working for company B but the H1B transfer is still pending.

Now I received another offer from Company C, which I really want to join.

I have the below questions:

  1. Do I have to wait for approval from company B to transfer to company C?

  2. Can I transfer to company C using company A H1B approved petition?