Are there risks involved in transferring H1B before Oct 1?

Q: Can I work on H1 before October 2013 ?

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Q: For how long can I stay in the US on an H1B after I have resigned my job? I need 5-10 days to sell my stuff/sublet my apartment.

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Q: How much time does the LCA approval take? Can I work on cap-gap if H1B is filed in grace period?

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Q: My H1B is rejected under 221g and my case is sent to USCIS. Can I re-apply with the same employer?

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Q: I'm currently in H1B Visa, Can I publish free apps like andriod market?

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Q: How early after the H1B petition is filed do I need to start working to keep my H1 status active

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Question

Are there risks involved in transferring H1B before Oct 1?

Anonymous Apr 24, 2015 H-1B Specialty Occupation Visas 6 views 3 answers

I have a H1B approved from a company A that I am currently working for in the US. I also have an offer from company B. I would like to work for company B and they are willing to apply H1B for me. I understand that since I am counted towards the cap, the company B H1B application would be cap exempt. Is there any risk involved in such a transfer? When would company A know that I have applied for another H1B with company B? And can it revoke H1B after company B's application has been approved? And if company B's H1B application gets rejected, does my company A approved H1B also get rejected?

Tripti Sharma · Answer 1 · 2026-06-15T14:23:36+00:00

If you are working for Company A in H-!b status, you should be fine. If you are working on OPT and waiting for H-1b to kick in in October, then there are risks associated with a change of employer.

C Abbott · Answer 2 · 2026-06-15T14:23:36+00:00

C Abbott

C Abbott · Jun 15, 2026

It is dependent on your current status.

0 upvotes

Alison Yew · Answer 3 · 2026-06-15T14:23:36+00:00

Hi there -- so first, YOU don't do anything; you are not filing anything and you are not "revoking" anything. The H-1B petition is the employer's, not yours. There is no more "risk" in transfering H-1B then any other new employer petition. Company A probably would not know that Company B has filed. If you are concerned about whether Company B's petition will be approved, then do not leave Company A until Company B's petition has been approved. But you need to be employed with Company A until you start with B so you do not violate the H-1B status.

Are there risks involved in transferring H1B before Oct 1?

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