Q: My question is regarding an early H1-B visa transfer to a new employer before it activates on Oct 1st, 2024.
I am on an F1-OPT "Cap-gap" visa period until Sept 30th. I got my H1-B visa registration picked in the lottery this year and it was approved in July as a change of Status. My H1-B will activate on Oct 1st, 2024. I have the original I-797 approval receipts and I-94 with me.
I got an offer from another employer who wants me to join them before Oct 1st. It is a great opportunity that I don't want to miss out on. The new employer is willing to do the H1-B visa transfer and take care of everything. My questions are:
1) Is it legally possible to do an H1-B visa transfer before Oct 1st while it has not been activated yet?
2) If yes, & if the H1-B transfer gets an RFE or denial, does that affect my original approved H1-B with my current employer?
3) Does my current employer get notified about the H1-B transfer?
4) Is a paystub a necessary document for an H1-B transfer?
5) If not, can the new employer initiate an H1-B transfer on Oct 2nd, 2024 with 1 paystub covering Oct 1st date?
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A:
1) Yes, you can transfer your H1-B to a new employer before October 1st even though it has not activated yet. The new employer can file a petition for your H1-B transfer.
2) If the H1-B transfer gets an RFE (Request for Evidence) or denial, it does not affect your original approved H1-B with your current employer. Your status with your original employer remains unchanged.
3) Your current employer is not notified about the H1-B transfer process. The transfer process is confidential between you, your new employer, and USCIS.
4) A paystub is generally required for an H1-B transfer to show you are maintaining your current status.
5) If you cannot provide a paystub before October 1st, the new employer can initiate the transfer after October 2nd, using a paystub covering your employment starting on October 1st. This ensures that you have proof of maintaining your status for the transfer process.
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