H1B transfer before start date - HELP!!

I have an approved H1B petition and have all the documents.

My current employer wishes to transfer my H1B petition before start date of October 1st.

Are there any risks associated with this?

What if my H1b petitioner employer withdraws the petition with petition from my emploer still pending with USCIS?

Please let me know for both cases - withdrawl before october 1st and after october 1st.

Also, if I receive approval from my current employer - does it matter if my original petitioner withdraws the petition.

For this question also, please let me know for both cases - withdrawl before october 1st and after october 1st.

Should I ask my present employer to wait till october 1st to file for transfer?


Firstly, congrats on getting the H1b approved! Now, you mentioned that your employer wants to transfer the H1 - but why is your employer transferring the H1b? Or is it the case that you have found another job and want to transfer the H1 to the new employer?

Either case, YES you can transfer the H1b to a new employer before Oct 1, and after Oct 1 the H1b will be valid with new employer. In the meantime, while your transfer is in process, if your current employer withdraws the petition then you are stuck.

So make sure you get your h1b transferred to the new employer before leaving your current employer.

Ideally, you should wait for Oct 1 and then get the transfer done. It saves some paperwork.

How about transferring after Oct 1st and a little after when the previous employer withdraws?
My situation is that I was laid off in August from Company A, who filed for my H1B and got approved. They are withdrawing this on 10/15. If I have Company B filing for transfer after Oct 15th, would this be alright?