H1B Employer change within a week or two of entering USA

[confessions]

Hi All!

I got my H1B visa stamped in December 2014 and have been waiting for an opportunity from my EmployerA to send me to USA.

It is already 6 months that I had my visa stamped so as it was getting delayed, I found another EmployerB who agreed to transfer my visa and started the process yesterday (LCA filed on 6/4) and shall be applying in premium processing.

Note: I have not signed any offer letter, legal agreement, or any kind of documentation with my EmployerA to serve any minimum period of time.

My question is

During the EmployerB transfer gets completed, if my current EmployerA sends me to USA and deploys me at client location (looks most likely in next week), will I be able to quit EmployerA and join EmployerB (once the transfer petition is approved) within a short span of time may be a week or two?

[shervin143]

You are not allowed to do that. In your case since you are outside U.S, what employer B filed is not considered to be a transfer. Employer B just filed a new H1B petition on your behalf using the CAP from your previous H1B approval notice from employer A. If you want to switch from employer A to B while you are inside U.S, you have two options.

1) Employer B should file a transfer and the petition should get approved with a new I-94 (or)
2) Leave the country and re-enter back with employer B's approval notice and you will get a new I-94 associated with employer B's petition which will allow you to work for employer B.