H1B transfer from employer A to B before october 1 2013

Currently on stem opt with e-verified employer, Employer A applied for H1 and im sub contracting with my current employer with Employer A, I want to transfer to employer B and start working before oct 1st. Currently my H1 is pending, planning to do premium to get approval. Can any one please guide me if transfer is possible after approval and can have october 1st as my start date? Any inputs are highly appreciated.


Once your H-1 is approved, B can file for cap-exempt petition w/ start date of Oct 1.

You can join B from Oct 1. If it is approved, then you have valid H-1 from B. If it is still pending, then you can join on the basis of H-1 portability. You can confirm w/ B’s attorney as well.

Thank you for responding. Do i need to have pay stubs from employer A inorder to transfer HIB to employer B? My current situation is that im on stem OPT, cap gap will start from july 2nd week, im subcontracting with employer A, with an e-verified employer as my direct employer since employer A isnt E-verified. So the pay stubs im getting right now is from E-verified employer but not employer A. I will start my H1 B payroll with employer A from october 1st. My concern is what can I do if employer B requests pay stubs from employer A inorder to transfer H1B? Im very confused any advice is highly appreciated.

You need to show that you are in valid status. If it is filed prior to Oct, then you need payslips to show that you are maintaining OPT status. If it is filed after Oct, then you need to show that you maintained OPT status and also the H-1 status for the period after Oct 1.

Does that clarify?

Thanks for responding. So basically what you are saying is I can transfer my H1B to another company before October 1st and I can show my STEM OPT pay stubs to the new employer? If the new employer agrees to offer H1B then it will become a transfer H1B in that case wont the emploer need pay stubs from the original employer who filed my H1B? As im working as a contractor with my H1B sponsor as my client, I dont get pay stubs from them, my employer runs my pay roll(STEM OPT employer).
I just need clarification on pay stubs incase a new employer agrees for H1B.

The payslips are required to show that you are in valid status (as on H-1 you are in status when you get paid).

If your current status is still OPT (i.e. prior to Oct 1), then no H-1 payslips are required. OPT payslips are still required to show that you are in valid OPT status.

Hi Saurabh,

So, if I have capgap OPT still I can work with employer B before October time though my h1b approved from employer A?