Q: Can I transfer my approved H1B to a new employer before its activation on October 1?
My I797A petition was approved in June. I left my employer in July. I just got a new job offer and they want to transfer the H1B to them with a transfer date of October 1. Is this possible? The I797A is still active an not revoked.
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A:
Yes, you can transfer your approved H-1B to a new employer before its activation on October 1. Since your I-797A is still active and has not been revoked, the new employer can file an H-1B transfer petition on your behalf. This transfer can be done even though your H-1B status is not yet effective.
Make sure your new employer submits the transfer petition as soon as possible to ensure a smooth transition. The transfer process does not require you to wait until October 1 to initiate the process, as the approved H-1B allows for this flexibility. Once the transfer is approved, you can begin working for the new employer as of the start date in the petition.
It's essential to work closely with your new employer and their legal team to ensure all documents and timelines are in order. This will help avoid any potential complications in your H-1B status transition.
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