H1b Approved transfer to new employer before October1st with H1b approval

Hi All,

I am currently working on my OPT extension that expires on October 15th 2013.

My current employer filed for H1b visa this year, for which I received approval with premium processing,

  1. can I change my employer before October 1st 2013?

  2. Can the new employer file for H1b transfer before October1st 2013 from my current emplyer to new employer?

  3. If H1b transfer is approved can I start working for new employer before October 1st as I still have my OPT extenion untill October 15th.

Please help me with my questions, appreciate your help, thanks in advance.


  1. Yes

  2. Yes

  3. Yes, but the new employer needs to be everified. You are currently on OPT extension and need to maintain that status

Hi Saurabh, I have exactly the same question. But I asked my lawyer and her answer is no. Have you seen people successfully transferred theirs? And can current company revoke the H1b? I appreciate your help very much!

I don’t know of specific instances. IMO, once your petition is approved, you are cap-exempt. The new employer can file a petition for a future start date of Oct 1 or later (your original petition will become active by that time).

If this doesn’t work, then the new employer can have all the paperwork ready and file the petition on Oct 1. You can then join the new employer on the basis of receipt notice (H-1 portability).

But again, I am no attorney and they are more expert in this area.