H1 B transfer without working for current employer at all - no pay stubs

[Anu Kashyap]

Hi,

I am in the US on H4 visa. I do have an approved H1-B from my current employer but since my current employer doesn't have an immediate need, I decided to stay on H4 until the employer finds something for me or I get an opportunity from some other employer. Now, I do have an offer from another employer and I want to start working for them as soon as possible. Therefore, it is possible for me to file for a change of status from H4 to H1B and H1 B transfer simultaneously?
Or do I need to first do a change of status from H4 to H1 B and then work for the current employer for at least a month to have 2 pay stubs before filing for an H1-B transfer?

Also, let's say I do a change of status first and then do a transfer without pay stubs (don't want to waste time working for the current employer at all). Will it be risky while applying for a transfer?

Thanks in advance!

[raghvi]

Hi,

I am in the US on H4 visa. I do have an approved H1-B from my current employer but since my current employer doesn't have an immediate need, I decided to stay on H4 until the employer finds something for me or I get an opportunity from some other employer. Now, I do have an offer from another employer and I want to start working for them as soon as possible. Therefore, it is possible for me to file for a change of status from H4 to H1B and H1 B transfer simultaneously?
Or do I need to first do a change of status from H4 to H1 B and then work for the current employer for at least a month to have 2 pay stubs before filing for an H1-B transfer?

Also, let's say I do a change of status first and then do a transfer without pay stubs (don't want to waste time working for the current employer at all). Will it be risky while applying for a transfer?

Thanks in advance!

Was the H1 applied as a COS? Because if it was and it got approved with a new I-94 then you no longer are in H4 status and must work and get paid by H1 employer to maintain H1 status.

This is my opinion not legal advice.