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H-1B - Change of employer without working for the first employer

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  • H-1B - Change of employer without working for the first employer


    I need some urgent help on this issue. I have described my question below:

    I am working with company A in the US on an L-1 visa. Company A applied for H-1B on 1st April 2013 under premium processing (PP). The petition was selected in the lottery. Given PP, the petition should get approved by the first week of May.

    However, I have an offer from company B in London, UK and I will be joining them at the end of May 2013.

    My question is: if I get an offer from another company C in the US on, let's say, 1st January 2014 (next year), will I be able to use the previously approved H-1B petition and apply for COS without being subject to cap? I know that there is a lot of ambiguity in the way the H-1B laws have been documented and although I understand nobody can say with certainty about this, but I want to understand what the chances are based on your experience.

    I know a cleaner way would be to not join company B in London, but it is a great opportunity for me right now. However, in the long term, I would like to be in the US and given how difficult it is to acquire an H-1B visa, I would like to somehow use the currently (about to be) approved visa.

    Would greatly appreciate it if you could please either provide a response or refer me to a lawyer who can provide me some guidance.