H1B transfer before October 2007

S

space_world

New Member
I am currently working on cap-exempt H1b VISA and wish to get a new H1B approved through cap-Subject or non-exempt quota for the year 2008.

If I get my H1B approved through a company with a start date of obviously 1st of October 2007

1.) Can I transfer this new H1B (non-exempt) to another new employer (non-exempt) even before October 2007?

2.) In any of the above cases, can I keep working for my current employer through Sept. 30th on my current exempt H1B visa?

Thanks a lot in advance.
 
1) Quota opens up every Oct and til then you can not use that H1. So guess answer is you can not start working for profitable employer before Oct.
2) Based on #1 answer, you have to keep working at current employer til Sep 30.
 
Thats right! But may be I didnt make my first question clear.
IF I file H1B visa for company A in April and then I will start working for them from Oct. 1, 2007.
But for some reason if I find a better job lets say company B before Oct. 2007then in that case can I transfer my company A H1B to company B and start working for company B from Oct. 1, 2007?

Thanks a lot.
 
Some lawyer says it's OK, but there is no clearly written law. You should confirm with lawyer.
 
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