H1 transfer on very first day after traveling from India

Hi All,
I have a question regarding h1 transfer.

My husband is working at offshore with company A. He has stamped H1b visa and approved NIE. Before he was about to travel his project moved to offshore and now he is waiting for different project with same client. it’s been almost 5 months so he started looking for different job and company B is ready to do his h1 transfer.

But they are asking him to travel to states first ( resign the company once he arrives in USA) on existing visa and once he arrives they will start his h1b transfer.

My question here is :

As far as I know once he travels on h1b his i94 changes. So For him to do h1 transfer immediately does he need US paystub or can he get his transfer initiated with his Indian paystubs?

Is it okay if his visa transfer gets initiated even before he travels ? Will that cause any issue ?

Please suggest me what to do in his case. I am open for other better options as well.

This will be a fraud as he will be traveling on current employer’s H1B when there is no H1B job for him.
Instead the new employer can file a cap-exempt H1B and once approved your husband may travel using current employer’s H1B visa and the I797 of new employer.

Gotcha … but employer B says the client will not wait for that long until his visa gets transferred and then do the background check etc…

when employer B asked him to travel first to USA, he asked them to wait for a month and if company A still doesn’t find a project then he would do according to company B (travel first and get h1 transfer initiated).

Will company A not file a law suit against him for traveling on their h1B (along with his h1 transfer approval notice) ? Is it legal to travel on already stamped visa and carry new h1transfer approval notice ?

We are completely clueless on what would be the best approach that will not effect him legally.

Please suggest.

so what would the best option in his case ?

I can’t answer this question, it is up to the employer. Travelling on H1B without a bonafide job will be considered as fraud as I mentioned already.


Consult an immigration lawyer for your case specific needs.