Urgent H1B transfer

[gorkal715]

Hi,

Recently I got H1B visa stamped with company A,still i didnt joined in company A. Another company B approached me and asking for H1B transfer.Is it possible to shift to other company with out joing in company A.If yes,is it going to have negative remark to me at USCIS.
Also company B telling once i got the project they will file my H1B transfer.Please help me.
Thanks

[shervin143]

You can do that. It not an issue and will have no negative impact.

[gorkal715]

Thanks shervin.

Do i need to wait till i got the approval notice(H1B Transfer) from USCIS for new employer or can i enjoy and work and parallely apply for Transfer.
And if i get RFE then whats my case?

[shervin143]

Not sure what exactly you are trying to ask. Where are you now? Inside or outside U.S?

[gorkal715]

Iam in India flying soon,
My question is, Do i need to wait till i got the approval notice from B company if they file for H1B transfer. or can i work with company B with out joing in Company A.
And in H1B transfer with out approval notice if i start working with company B,if i get RFE whats my case.

[shervin143]

If you are outside U.S, then you cannot enter U.S in Company A's petition to work for Company B. That will be illegal employment. You should wait for the transfer to get approved and then travel with Company B's petition. At the POE you will get an I-94 associated to Company B's petition which will allow you to work for them.

Alternatively, you can enter U.S on Company A's petition and start working for them. Company B can file the transfer when you are in U.S and upon receiving the receipt notice, you can join company B. In such case, if the transfer gets denied, you will have to leave the country. It is advisable to go with option 1.

Iam in India flying soon,
My question is, Do i need to wait till i got the approval notice from B company if they file for H1B transfer. or can i work with company B with out joing in Company A.
And in H1B transfer with out approval notice if i start working with company B,if i get RFE whats my case.

[gorkal715]

Thanks shervin for your quick response.