H1B transfer after approval after October

[h4h1b2016]

Hi All,

I have been in US on a dependent visa while I received my H1B approval letter. Though I have new H1B approval notice, I have neither stamped/worked (no pay stubs) in my new H1B nor traveled in new H1B I-94. Can I transfer (change employer) my current H1B to a new petitioner from US in this case?

If yes, should I go to my home country for visa stamping or can I do a change of status from here?

Will there be any issue when I go to my home country and come back in the future?

Thank You,

RP

[SKDS160]

Hi All,

I have been in US on a dependent visa while I received my H1B approval letter. Though I have new H1B approval notice, I have neither stamped/worked (no pay stubs) in my new H1B nor traveled in new H1B I-94. Can I transfer (change employer) my current H1B to a new petitioner from US in this case?

If yes, should I go to my home country for visa stamping or can I do a change of status from here?

Will there be any issue when I go to my home country and come back in the future?

Thank You,

RP

Was your H1 applied as Change of Status? If yes then you are currently out of status since you are not being paid. Any H1 transfer will not be approved as you are currently not maintaining H1 status. You must leave the country asap, and enter on H4 visa and apply COS to H1 when you are ready to be in job and be paid.

[h4h1b2016]

Was your H1 applied as Change of Status? If yes then you are currently out of status since you are not being paid. Any H1 transfer will not be approved as you are currently not maintaining H1 status. You must leave the country asap, and enter on H4 visa and apply COS to H1 when you are ready to be in job and be paid.

Currently I am on H4. I have received my approval letter for H1B nad has not yet started working. So before start working/COS to H1B, can I transfer (change petitioner) my current H1B to a new petitioner, along with COS, and start working under new petitioner?