Change Employer in between H1B approval and H1B start date

[varma8989]

Hi,

I am on OPT now which is valid until Nov 2015, and I have got my H1B picked up in lottery which is under premium processing. So if my H1B gets approved in the mid of May, Can I change jobs (my employer) before my H1B starts in Oct 1st.

I have been hearing mixed responses on this as
1. I can change my employer on OPT and file a new H1B with new employer, but It will be processed under cap exempt.
2. I have to wait until I get at least couple of pay stubs on my H1B.

Please let me know if somebody has practically experienced it or how it works.

Thanks,
Varma.

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[kendallguy]

Yes I was in your same situation last year.... I had H1B with Emp A but not yet started...meanwhile I wanted to transfer to Emp B..... Emp B set up interviews, made me fill forms and promisde he would initate a transfer, but at the end he came back and told me its dangerous to do a H1B transfer since I didnt have paystubs(dangerous to me and also to the reputation of Emp B)...I wasted 2 months sitting at home hoping he will do a transfer , but at the end he backed off.....so yes it solely depends on the Employer B to do a transfer....ask him well in advance.... yes there are chances your petition might get approved or it might not(depends on the USCIS officer)...... 50-50 percent.....I know this answer must be frustrating but thats how true it is.... I faced the same frustration last year and decided to stick with Employer A until I generated a couple of paystubs....so its upto you to decide....All the best.

[varma8989]

Hi Kendall,

Thanks for your reply... I too just experienced it. I have H1B from Employer A and almost got an offer from Employer B, But the HR dept of my Employer B backed off and told me that he can't file H1B. He asked me to be with Employer A until Nov ( to get my H1B activated after running atleast 2 pay stubs) and switch the jobs to other employers. He told me that my Employer (employer A) might revoke my H1B before it gets activated in Oct and I might loose status too..

So for now I'm sticking with Employer A until my H1B gets activated...

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You have to have one pay stub atleast after Oct 1st to change the employer. USCIS generally does not accept change of employers without working for the employer.

[lisaanderson]

Hi,

I am on OPT now which is valid until Nov 2015, and I have got my H1B picked up in lottery which is under premium processing. So if my H1B gets approved in the mid of May, Can I change jobs (my employer) before my H1B starts in Oct 1st.

I have been hearing mixed responses on this as
1. I can change my employer on OPT and file a new H1B with new employer, but It will be processed under cap exempt.
2. I have to wait until I get at least couple of pay stubs on my H1B.

Please let me know if somebody has practically experienced it or how it works.

Thanks,
Varma.

You can change employer and it will be processed under cap exempt. However, your new employer may not be able to file the transfer until at least October 1. You can change jobs now using your OPT, but don’t do anything until the H-1B is approved. Also, talk to an attorney before making a decision as what the effect of a revocation or withdrawal by your current employer will have on your cap exempt status, if any.

You don’t need paystubs from the H-1B time. The transfer can be filed on October 1 itself.

[gary11]

Hello All,

I have the same problem
My employer filed for the H1B, it got approved (if getting a receipt number means that).

In the mean while my whole department was laid off, my HR told me they will go ahead with the petition since it matters for my job. I am looking for new job and hopefully should find an employer willing to do so.

My OPT-ext is valid till Nov, can I change employer on my petition before Oct or do I have to wait?

Thanks

[lisaanderson]

Hi,

I am on OPT now which is valid until Nov 2015, and I have got my H1B picked up in lottery which is under premium processing. So if my H1B gets approved in the mid of May, Can I change jobs (my employer) before my H1B starts in Oct 1st.

I have been hearing mixed responses on this as
1. I can change my employer on OPT and file a new H1B with new employer, but It will be processed under cap exempt.
2. I have to wait until I get at least couple of pay stubs on my H1B.

Please let me know if somebody has practically experienced it or how it works.

Thanks,
Varma.

Your H-1B is not approved just because you have a receipt number. It just means that your petition was picked in the lottery. You can check the status of your case by using your receipt number here: https://egov.uscis.gov/casestatus/landing.do.

If you have been laid off, then you need to find a new job on OPT. As long as your employer allows the H-1B to be approved, you can transfer the H-1B in October. You should speak with an attorney.