Here are your answers based on the status of your H1B Visa petition:
- If H1B Visa petition has not been approved = NO (Transfer is not possible)
- If it has been approved = YES but may need to consular process after October 1st because there is no paycheck stub from the first employer. This is a gray area. I have had transfer application approved with new I-94, but I have also seen H-1b transfer approved without I-94.
- If it has been approved and you have at least one paycheck stub from the petitioning employer = SMOOTH TRANSFER.
Following answers was posted by Immigration Attorney Jack C Sung. You can schedule a consulting call via Ask An Immigration Attorney.