H1B transfer without working

[greenerpastures]

I have a question regarding H1 transfer. Gurus, please comment on this.

Company A has filed for H1B for my friend, who is currently working in India. After H1B approval and stamping, legally he would be able to enter and work in US from Oct 1, 2006. Meanwhile, he has got another offer from Company B. Can my friend transfer the H1B to Company B ( before or after the approval, without working for company A). Company B cannot file for a new H1B as quota for H1B is over. Please share your comments/experiences regarding this. Thanks a lot in advance.

 

[June1506]

With the H1 stamp from company A your friend can enter USA and is supposed to work with company A. He can transfer his H1 to company B on entering the country which is not subjected to quota and he can work as soon as he gets the receipt of H1 transfer with company B. Usually USCIS asks for latest paystub for H1 transfer which your friend might not be able to give since he transferred H1 right away on arrival. One of following outcome could happen.

1) USCIS approves H1 for company B
2) USCIS approves H1 without an I-94, so your friend will have to get out of US and do a fresh stamping.
3) USCIS denies H1 transfer which I think is very remote. In any case your friend can work with company A if it is not a problem with company A.

I know a person upon entering US he was laid off and he was still able transfer H1 without paystubs for another company. But that was in the year 2002, during the height of recession.