H-1B transfer before activation

Facebook / Eng ncdjsj
Feb 9 8 Comments

Is it possible to transfer an H-1B to another company without activating/changing to H-1B status?

e.g. Someone is currently on OPT, and has been selected in H-1B lottery with consular option, now wants to transfer to another company before Oct 1st, is there a way to keep that H-1B?

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TOP 8 Comments
  • LinkedIn eyePhone
    Don't listen to theoritical suggestions. A friend tried to transfer like this and his transfer got rejected.

    Listen to your immigration attorney or consult another one for god's sake!
    Feb 9 0
  • Broadcom Ltd. honestkid
    You have nothing to loose if transfer gets rejected. You still have H1
    Feb 9 2
  • Bloomberg VyXm11
    Yes they do it on approval notice
    Feb 9 2
    • Facebook / Eng ncdjsj
      OP
      So once it’s approved, the new company can initiate the transfer process?

      My immigration attorney told me its high risk and will likely get rejected, is it true?
      Feb 9
    • Bloomberg VyXm11
      No..every h1b transfer is a new h1b petition.so unless your new job profile is different from your current one it will be mostly approved
      Feb 9
  • Don't do it. My attorney asked me to wait until I got my H1 stamped.
    Feb 9 0