H1B porting

Good question. My answer is - maybe. The unfavorable factors are that you have never worked for the company for which you were picked, and the petition has not been approved. It is no fault of yours that you have not worked for that company since you have no authority to do so until the H-1B is approved. However, transfers are generally easier to do where a beneficiary has been working for the company. There is the possibility of a H-1B transfer, but USCIS would have to be convinced that your first H-1B petition is approvable during the adjudication of the petition by your new employer C. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.