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employer change before h1 approval(in case my h1 picked in lottery)

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  • employer change before h1 approval(in case my h1 picked in lottery)

    I'm currently working with company A. Since company A doesn't do H1, I got my H1 filed with a consulting firm C and still continuing my work at company A.

    I haven't heard any update on my H1 application in lottery pickup so far.
    I'm still waiting for I797 number. I'm in regular processing and it might take time to know the result.
    Also, I'm currently on OPT extension ends in MAY'14. Once I get my i797 confirmation I'll be eligible for cap gap.

    Meanwhile I got full time job with another company B. company B is ready to transfer my H1 or file my H1.
    Also, consulting firm C has no issues in transferring my H1 or do any sort of changes to my application as I paid all my H1 processing fee.

    I have following questions:

    I want to join company B what are the possible ways and how my H1 can be done by company B?

    Since the cap is filled company B can not file new H1 at this point. If I get an update about H1 got picked, can company B send new documents to USCIS including my i797 receipt. Does it help me to get my H1 processing done under company B?

    Also if above process is possible, when is the best time for me to start working with company B?

    I'm also in the process of consulting attorney whom I worked with in the past.
    Your thoughts and suggestions are greatly appreciated.
    Thanks to DesiOPT.
    Last edited by sonu; 04-29-2014, 11:22 AM. Reason: typo

  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall- (May 1st)


      • #4
        1 if u r h1 is approved B can do it
        2 nope..
        i strongly suggest wait till approval of u h1 .


        • #5
          I have similar case. After selected in lottery and after you get h1 approval. You can transfer your h1b to company B on 1st Oct14. You can not do much before that.