H1B Transfer before October 1

Question details

Hi Rajiv ji, This is Harsh. I work for an employer A on STEM OPT. They registered me for the h1b lottery but it didn't get picked up. But I also had another offer from other employer B they also registered me for the h1b lottery and it got picked up and they have filed my h1b case and it's approved now. Can I transfer my h1b to employer A now before October 1 ? Please let me know

ANSWER

If the employer who filed your H1B revokes it before October 1, the current thinking of the USCIS is that you have lost your place in the lottery.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Comments

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Ravi (not verified) on Sun, 06/26/2022 - 04:12 Permalink

I am in India never travelled USA. I got selected in 2020 lottery. I have my visa stamped in Jan 2022 from Employer A can i transfer to employer B in India. ? surely i have to resign in India from employer A and they will revoke my H1B.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Rajiv S. Khanna on Sun, 07/03/2022 - 13:00 Permalink

You do not have to wait till October one. You should be able to transfer any time but have a detailed conversation with your new H1 lawyers.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Laxmi (not verified) on Sun, 07/03/2022 - 13:56 Permalink

Hi Rajiv Sir, I got my I797 approval notice from USCIS for employer A. But unfortunately got terminated. I may not have Oct paystubs to show to my new employer. Will my H1B turn null and void and my new employer has to file it again. Or H1B transfer is possible?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Rush Shah (not verified) on Tue, 07/19/2022 - 17:14 Permalink

Hello Rajiv Sir,

I have similar situation where I'm on STEM OPT, I got my h1b picked up and soon I'll get approval, October 1 I can't transfer but before that can I start working for company B on STEM OPT. would USCIS question termination of my employment for company A when I try to transfer ? Am I able to work for company B on STEM OPT before October 1.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Sandeep (not verified) on Thu, 08/11/2022 - 17:38 Permalink

Hello Rajiv Sir, I'm currently on STEM OPT visa(CAP-GAP) and my H-1B got approved through my employer but I was laid off recently and I would like to know if I can get my H-1B transferred to another employer before October 1st.

Thank you.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Rajiv S. Khanna on Fri, 08/12/2022 - 07:34 Permalink

You can transfer H-1B before October 1 once you have been selected in the H-1B lottery and have obtained an H-1B approval. The only condition is that your lottery employer must not send a request for revocation of your H-1B before October 1.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

follow up query, as you mentioned "The only condition is that your lottery employer must not send a request for revocation of your H-1B before October 1" Is this valid even if the H1 B transfer request is requested and approved by the new employer who wanted to transfer ? For example : am with employer A, employer B owns my new H1 B which is approved as on today. If my employer A able to submit transfer request and get approval by end of Aug 2022. Will the employer B still have control for revocation even after the H1 B transfer completion to employer A? appreciate your feedback sir.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Moukthika (not verified) on Wed, 08/24/2022 - 11:47 Permalink

I got laid off recently , If I am unable to complete the transfer process before the 1st of October . What will my status be after the 1st of October . Will it change to STEM ? Will I able to able to transfer my H1 after OCT 1st provided my currently employer does not revoke my H1?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Shubha (not verified) on Wed, 08/31/2022 - 16:03 Permalink

Hello Sir, This is Shubha. I got my H1B picked and approved this year. But my employer terminated my employment on Aug 26th and offered to preserve my H1B. I am currently on STEM-OPT and have all 150 unemployment days of my OPT stacked up. My question is as of now, am I using my unemployment days from OPT until Sep 30th, and would I get another 60 days of H1B grace period after October 1st, because my actual change of status to H1B would be on Oct 1st? Meaning can I stay unemployed until Nov 29th? OR Would I have a total of 60 days grace period starting right from the next day of my employment termination: meaning the grace period will be from Aug 27th to Oct 25th?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Moukthika Guntha (not verified) on Fri, 09/09/2022 - 11:51 Permalink In reply to by Shubha (not verified)

Hey Rajiv ! I am facing a similar situation I have been terminated in August too . I have another query which is even more complicated , will the stem terminate on oct 1st and since I have been laid off by the employer who approved my H1 , will I not have H1 status too ? Will this situation make me out of status?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Vikram Koushik (not verified) on Sat, 09/10/2022 - 00:25 Permalink

Hello Rajiv sir,

This is my current situation. My H1-B was approved this year (starting from October 1st) through Change of Status (from H-4). However, the employer is now laying off many people and there is a hiring freeze going on in the company at the moment for an indefinite period.

Can I apply for a new job elsewhere and transfer the petition even before starting to work for the primary H1-B sponsor? Please let me know.

Also, what will be my status after October 1st, provided the sponsoring employer doesn’t revoke my H1B petition? Will I get 60 days grace to find a job? And then if I can’t In 60 days will I go back to being in H4?

Thank you in advance!

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Jiya (not verified) on Fri, 01/20/2023 - 19:19 Permalink

I joined my current employer with h1b transfer application receipt notice It's been 4 months and transfer is still under process, it's not approved yet. What would happen if I am laid off while the transfer is still under process, would I get 60day grace period

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This answer is for information purposes only and does not create an attorney-client relationship.

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