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Can I transfer H1B to new employer without working for the employer who filed H1B?

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  • Can I transfer H1B to new employer without working for the employer who filed H1B?

    Right now I am on OPT STEM extension. And My H1B application got approved and will starts from October 1st this year through ABC employer(staffing/consulting). But the client where I am working now offered me a full time position and they said they gonna transfer my H1B to their(client) company. But I was told by friends/people that I have to work at-least few months to ABC employer as he filed my H1B before transferred to new employer(here client I am working is a new employer).

    I am little confused and worried with this information as this is a great opportunity that I don't want to miss.

    Please assist!

    Appreciate you time.

  • #2
    Your friends are correct. You need to be 'cap counted' before you can initiate a transfer. To be considered 'cap counted' you have to work with your petitioning employer for atleast 1 day. However I don't think you need to work a few months before initiating a transfer. You can do it after 1-2 paychecks.

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