Can I transfer my approved H-1B petition before the effective date which is in 4 months?

UPDATED: Sep 30, 2022

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Can I transfer my approved H-1B petition before the effective date which is in 4 months?

Company A filed for my H-1B 2 months ago. It was picked in the lottery. Company B offered me a job this month. They want me to join them as early as possible.They said they cannot wait until the effective date to file a transfer.

In that case, can I transfer my H-1B to company B before the effective date?

Asked on June 6, 2017 under Immigration Law, Michigan


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No,  nothing can be done before the effective date since the lottery is for the next fiscal year and that does not start until October 1, 2017 and no visa can be active before then because no visas are aviailable until that date.  You can have the new company transfer your visa by filing another petition that would not be subject to the lottery since you've already been selected but this would only be approved effective October 1, 2017.

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