Transfer for new H1B

Hello Experts,

I have an employment opportunity willing to do an H1B transfer. If I receive approval on a new H1B with my current petitioner that is effective from 10/01/2019, can a transfer be applied by my new petitioner and can I join the company before 10/01/2019? Also, will mention that I have my stem OPT valid till 02/2020. Any insights will be really appreciated as I need to let employers know accordingly.

Thanks!

Well, this is grey area. In the past it used to approved, but now a days, USCIS is questioning in some cases that the candidate never had H1B status…so, it is recommended that you work on H1B status even for few days and then file for H1B transfer, so that there are no issues…

Thanks very much Kumar! So, would you advise not trying to transfer itself or should i give it a shot as i was thinking it might be useful to keep the prospects open as its only in my good interests to leave my current petitioner.

Well, the general recommendation is to work at least for few days before you transfer…If there is no option for you as such, then you could try the other way and see, if it works out.

Thanks very much Kumar!

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