H4 to H1B COS and then H1B transfer

[nanunem]

Hi All,

I maybe completely misunderstanding this, but it will really help if anyone can guide me on my below stated situation.
-- I am currently in USA on an H4 visa with an LOA (Leave of absence) from my current employer A in India.
-- My H1b petition for 2013-2014 has been approved with employer B effective Oct 1st 2013.
-- Now I have received a better offer from an employer C who is ready to transfer my H1b this October, once it gets effective.

My questions are:
1. Do I need to resign from my currently employer A and join B to initiate the H1b transfer from B to C or just an approved petition copy from B suffices?
2. In either case, if C files for the transfer in October first week, will I need to provide pay-stubs from employer B for transfer to C?
3. Is there a time-limit starting Oct 1st in which I need to join the new employer and does my H4 status automatically cancels starting Oct 1st?

Thanks a lot for the help and guidance.

[nanunem]

any guidance will really help.

[Nattybone]

Hello, Nanunem.

For how is the LOA with Indian employer in effect? If you are in US and here for long term, you should quit Employer A. (I do not think it is a REQUIREMENT, your H1B is approved with Employer B, and you are good to start work). So, i am not sure about the Indian Company's terms with you.

Your question on transferring the H1B to Employer C. I feel, if you can do Premium Processing and have the result by September, you could start with C. Else, you start working with B and furnish pay stubs as proof when filing transfer petition for C.

Finally, Oct 1, your H1 kicks in (did you not get the new I-94 with the approval?) and you go off H4 status. You need to start working on Oct 1.

These are my personal thoughts, i am not a professional.

Hope this helps. Wish you luck.

Cheers,

Hi All,

I maybe completely misunderstanding this, but it will really help if anyone can guide me on my below stated situation.
-- I am currently in USA on an H4 visa with an LOA (Leave of absence) from my current employer A in India.
-- My H1b petition for 2013-2014 has been approved with employer B effective Oct 1st 2013.
-- Now I have received a better offer from an employer C who is ready to transfer my H1b this October, once it gets effective.

My questions are:
1. Do I need to resign from my currently employer A and join B to initiate the H1b transfer from B to C or just an approved petition copy from B suffices?
2. In either case, if C files for the transfer in October first week, will I need to provide pay-stubs from employer B for transfer to C?
3. Is there a time-limit starting Oct 1st in which I need to join the new employer and does my H4 status automatically cancels starting Oct 1st?

Thanks a lot for the help and guidance.