Can I transfer my H1b to a new employer before it starts, even it is an amendment?

UPDATED: Sep 30, 2022

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Can I transfer my H1b to a new employer before it starts, even it is an amendment?

I applied for h1b on april 1st. It is approved now. However, there is a mistake in my name so I applied for anamendment. Now that amendment is in progress. My H1b starts in just over 4 months. I got a new offer from another employer. I want to transfer my H1b to my new employer.

Asked on June 21, 2016 under Immigration Law, Texas


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The new employer would have to file a new transfer petition on your behalf in order for you to be able to start working for the new employer on October 1.  All the filing fees have to be paid again by the new employer for the transfer petition.

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