H1B Transfer BEFORE effective date

[milan007me]

Hi guys,

I got my first H1B approved for the year 2014 and it will be starting with my current company at October, 2014. Meanwhile, I got a better job offer from another company and would like to switch to it instead. They are willing to do the H1B transfer but I'm unsure as to how this works since my H1B starts only on October.

Do they apply another H1B? Does my current employer have to know about this? Will the new application will be counted against the H1B cap count? This is my final year or the OPT so I can't afford to be out of status. Please advise.

[raghvi]

Hi guys,

I got my first H1B approved for the year 2014 and it will be starting with my current company at October, 2014. Meanwhile, I got a better job offer from another company and would like to switch to it instead. They are willing to do the H1B transfer but I'm unsure as to how this works since my H1B starts only on October.

Do they apply another H1B? Does my current employer have to know about this? Will the new application will be counted against the H1B cap count? This is my final year or the OPT so I can't afford to be out of status. Please advise.

It should be possible. Provide the next company with a copy of the approval notice and they should be able to file a cap exempt H1. Ask them to premium process the same.

This is my opinion not legal advice.