Can I change employer and use approved H1B application with previous employer?

[mohitunlimited]

I am currently on OPT. My current employer filed my H1B petition this year and since I was out of country my applications was filed as consular processing and it was approved. So on 1st Oct my status didn't change automatically and I will have to go to US Embassy in India to get my H1B stamping to change my status to H1B.

Now I want to change my employer. What will happen to my H1B petition if I change my employer before changing my status. Can my new employer use my already approved H1B petition to put me on cap gap exempt H1B or my H1B petition will be voided and my new employer will have to file new H1B petition under cap gap on 1st April next year?

I just want to know how I can change my employer and use my approved H1B petition.

[Nattybone]

I am currently on OPT. My current employer filed my H1B petition this year and since I was out of country my applications was filed as consular processing and it was approved. So on 1st Oct my status didn't change automatically and I will have to go to US Embassy in India to get my H1B stamping to change my status to H1B.

Now I want to change my employer. What will happen to my H1B petition if I change my employer before changing my status. Can my new employer use my already approved H1B petition to put me on cap gap exempt H1B or my H1B petition will be voided and my new employer will have to file new H1B petition under cap gap on 1st April next year?

I just want to know how I can change my employer and use my approved H1B petition.

Hello, Mohit.

Yes, you can file a new petition through a new employer for the same visa. Your new employer can file a petition for you and you will be cap exempt, you will not have to wait till next year October.

I hope this helps.

Wishing you luck.

Cheers,

[mohitunlimited]

Hello, Mohit.

Yes, you can file a new petition through a new employer for the same visa. Your new employer can file a petition for you and you will be cap exempt, you will not have to wait till next year October.

I hope this helps.

Wishing you luck.

Cheers,

Thanks for your quick reply. Could you tell me what all documents my new employer need? Cuz I might have to take those documents from my current employer.

[Nattybone]

Thanks for your quick reply. Could you tell me what all documents my new employer need? Cuz I might have to take those documents from my current employer.

Hello, Mohit.

You could ask your future employer what all he wants. Normally, the petition notice decision is fine. But, see what all you could get additionally, i.e.: LCA, Pay Stubs.

Wishing you luck.

Cheers,