H1B transfer within 2 months after joining the company


I came to USA in Jan 2016. My employer is not able to provide a good work for me.

I got opportunity in another company, and thinking of moving over there.

Now will there be any problems?

What are things that need to be taken care of during transition.

My payroll is not yet started, but it will be started soon.

If you stay w/ this employer for at least 1 pay period, then pay checks will be needed by new employer’s petition.

If you are unable to provide the pay checks then there is a good chance that USCIS will approve the petition w/o I-94 attached. So you have to leave US and re-enter on new employer’s petition in order to work for them.

If you stay w/ current employer for less than 1 pay period or are getting all pay checks from them, then I don’t see any issue why they shouldn’t approve H-1 w/ I-94 attached.