Can I transfer my H1B to a company B before start working for company A?

[Moni87]

Hello!
I would appreciate your advise in a situation decribed below:
In the beginning of this week I have received a hard copy of approval for my H1B petition for company A . Before I had my H1B stamped I got email from a manager from the company A that the position is not available anymore and they cannot hire me.

1) What can I do in this situation with my H1B approved? Can I transfer to another company on that petition even if I did not start working for company A?

2) If yes, what are the main steps of that process? Does a new employer have to pay any additional fees if it wants to be my sponsor? How long is takes to have a new sponsorship approved?

3) Do I have any deadline to find a new sponsor?

4) What about salary and job description - do salary and responsibilities have to be the same as those mentioned in original application submitted by company A?

Thank you in advance!
Moni

[kabkaba]

Hello!
I would appreciate your advise in a situation decribed below:
In the beginning of this week I have received a hard copy of approval for my H1B petition for company A . Before I had my H1B stamped I got email from a manager from the company A that the position is not available anymore and they cannot hire me.

1) What can I do in this situation with my H1B approved? Can I transfer to another company on that petition even if I did not start working for company A? -- Yes, another employer can file a cap-exempt petition for you.

2) If yes, what are the main steps of that process? Does a new employer have to pay any additional fees if it wants to be my sponsor? How long is takes to have a new sponsorship approved? -- The employer will file the petition. The petition will be exempt from annual cap. You will need to provide them with a copy of the first employer's approval notice. The petition will take 2 to 3 months in regular and 15 days in premium. After it gets approved you can apply for Visa using that petition and then travel to US to work for the new employer. Filing fees will be the same as any other petition.

3) Do I have any deadline to find a new sponsor? -- Within 6 years.

4) What about salary and job description - do salary and responsibilities have to be the same as those mentioned in original application submitted by company A?
-- The job has to qualify for H1B (it should at least require a 4 year Bachelor's degree and it should pay minimum prevailing wage for that position. It can be different from A's job, but you must qualify for the job.

Thank you in advance!
Moni

See above.

[Moni87]

Thank you a lot for prompt response! It was very useful for me.

I have one more question. Do you know if the employer who submitted the petition in the first place is obligated to inform USCIS or anyone else about the resignation? Also, is the employer able to cancel the petition after it was approved by USCIS?

Thank you again!

[kabkaba]

They can (and some will) withdraw their petition. But it makes no difference to you.