H1B Visa transfer before reaching US

[sforsandeep]

I've few questions if you dont mine...
If I got an H1B visa from a US employer, while being at my home country can I transfer my H1B visa to another employer before reaching US ever. Or Pay Stub is necessary?? If possible how can I submit the PayStub for the H1 transfer. Also for the first employer has to pay any expenses in such case or is that possible for him to proceed any legal actions against me??
How many days or months I will get before reaching US if I approved an H1B visa from an Employer?? If I delay my join does that cause any issue with the VISA?

[shervin143]

If I got an H1B visa from a US employer, while being at my home country can I transfer my H1B visa to another employer before reaching US ever. Or Pay Stub is necessary?? If possible how can I submit the PayStub for the H1 transfer.
>>> Possible after Oct 1st. If you have never worked for that employer, then pay slips are not required.

Also for the first employer has to pay any expenses in such case or is that possible for him to proceed any legal actions against me??
>>> That depends on what documents your have signed with the employer. If you are outside U.S and if you have not started working for the employer, then there is nothing much they could do.

How many days or months I will get before reaching US if I approved an H1B visa from an Employer??
>>> Anytime before the petition and visa expires.

If I delay my join does that cause any issue with the VISA?
>>> No. If you join the employer late, then you will need a new offer letter to prove that the job still exist. You might be asked for that at the POE when you enter U.S.

[MarceloR]

Maybe it's not possible anymore...

Check this post:

http://startupimmigrationattorney.com/new-trends-in-transferring-an-h1b-before-working-for-the-first-employer/

I have just received my I-797 form for my 2016 H1B visa for employer A.
Accepted an offer for a much, much greater employer B - earning almost twice as much. And I fear the visa transfer might fail.

If this happens, then I don't think I would be able to work for employer A (to get paystubs) and still keep the opportunity at employer B.

So I have to find a way to never work for employer A, and work for employer B.

If the transfer does fail for the reasong cited in the post, could I apply for a cap-exempt visa (since I've been approved in the CAP) for employer B?

[shervin143]

Yes, you can do that post Oct 1st provided employer A doesn't revoke your petition before it becomes effective.

Check this post:

http://startupimmigrationattorney.com/new-trends-in-transferring-an-h1b-before-working-for-the-first-employer/

I have just received my I-797 form for my 2016 H1B visa for employer A.
Accepted an offer for a much, much greater employer B - earning almost twice as much. And I fear the visa transfer might fail.

If this happens, then I don't think I would be able to work for employer A (to get paystubs) and still keep the opportunity at employer B.

So I have to find a way to never work for employer A, and work for employer B.

If the transfer does fail for the reasong cited in the post, could I apply for a cap-exempt visa (since I've been approved in the CAP) for employer B?

[MarceloR]

Yes, you can do that post Oct 1st provided employer A doesn't revoke your petition before it becomes effective.

How does that happen? Can they do this AFTER I've got the I-797 in hands?

If I want to tell employer A about it, is it risky to tell them before oct-01 ?

(and also, does employer A get notified if I try to transfer the H1B to employer B?)

[shervin143]

How does that happen? Can they do this AFTER I've got the I-797 in hands?
>>> Yes. They filed the petition. If the job no longer exists, then they can ask USCIS to revoke that approval.

If I want to tell employer A about it, is it risky to tell them before oct-01 ?
>>> Yes.

(and also, does employer A get notified if I try to transfer the H1B to employer B?)
>>> No.