H1 Transfer before joining the Firm

[Victor]

What is the name of your state? OH

Hi,

I am a recent graduate. I am currently on OPT. But I have secured a job and my H1-B is sponsored by employer "A". It is also approved effective frfom october. However my job is yet to start and haven't worked even a single day. I have offer letter showing the starting date.
Now firm "B" is also interested in me.
I got to know that pay stubs are required for H1-B transfer. But since I havn't worked even for a single day I don't have pay stubs.

So if I want to join employer "B" without working for employer "A" , what will I need to do?

Thank you very much. Quick response will be highly appreicated as I need to make some decisions.

 

[ImmigAttyLana]

It would not be a transfer but it would be a new petition by employer B that would not be subject to the H-1B cap.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Victor]

Thank you so much Lana.

Three questions

1. So I do not need to work at employer "A" even for a single day and I do not need any pay stubs, Right ? and I can directly join "B" assuming it processes the Visa.

2. why this is neither a transfer neither a new petition.

3. what are the expenses I should expect for such new petition?

Have a good July 4th.

Thanks once again !

 

[ImmigAttyLana]

It is not a transfer because in order for it to be a transfer, you have to be already in H-1B status with the first employer to be able to transfer that status to another employer. It is not subject to the quota because you already have the A company H-1B approval on your behalf, but it is going to be a new petition by B company and will only be able to become active on October 1, 2007 which is when the fiscal year starts. As for the expenses, the filing fees will be similar to the original petition and possibly higher, depending on when the company B files it since the filing fees are going up at the end of July. If the company B is larger than company A, there may be inherently higher fees. Currently, for a company with fewer than 25 employees, the filing fees are $1440.00, whereas for a company with more than 25 employees, the filing fees are $2190.00. If there is also an attorney involved in drafting the petition, there will be attorney fees as well.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.