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  • Advice on H1B

    Hi Forum Experts,

    I am in a complex situation and want to know a few things which will help me choose the best option.

    - I am currently in India and my employer is filing an H1B for me under the 2014-2015 CAP.
    - This filing will be done next week when USCIS starts accepting the applications.
    - As expected the number of applications will exceed the available slots so a lottery will happen post 7th April.

    Meanwhile I have found a new job and I want to join the new company. So I want to know if there is any way I can get this H1B petition transferred to the new employer if it is selected in the lottery.

    Or can a new cap exempt application be filed by new employer later in the year using the same cap(Assuming it comes in lottery).

    If it is possible then what documents or details will I have to ask from my current employer for getting this done.

    Please help if you know what can be done in this situation?

    Many thanks in advance..

    Tarun

  • #2
    Originally posted by guptatarun View Post
    Hi Forum Experts,

    I am in a complex situation and want to know a few things which will help me choose the best option.

    - I am currently in India and my employer is filing an H1B for me under the 2014-2015 CAP.
    - This filing will be done next week when USCIS starts accepting the applications.
    - As expected the number of applications will exceed the available slots so a lottery will happen post 7th April.

    Meanwhile I have found a new job and I want to join the new company. So I want to know if there is any way I can get this H1B petition transferred to the new employer if it is selected in the lottery.

    Or can a new cap exempt application be filed by new employer later in the year using the same cap(Assuming it comes in lottery).

    If it is possible then what documents or details will I have to ask from my current employer for getting this done.

    Please help if you know what can be done in this situation?

    Many thanks in advance..

    Tarun
    If you want to leave the current employer, would suggest that you wait till the H1 Approval notice is generated. Considering the high probability of another lottery this year, and assuming your employer is not processing in premium it could be June before you get the Approval notice, if at all you get selected in the lottery. You would need the approval notice to do a transfer.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      If you want to leave the current employer, would suggest that you wait till the H1 Approval notice is generated. Considering the high probability of another lottery this year, and assuming your employer is not processing in premium it could be June before you get the Approval notice, if at all you get selected in the lottery. You would need the approval notice to do a transfer.

      This is my opinion not legal advice.
      Thanks for the reply Raghvi... yes my employer is not doing premium processing.

      Is there a way to find out if my petition is selected in the lottery?

      Comment


      • #4
        Originally posted by guptatarun View Post
        Thanks for the reply Raghvi... yes my employer is not doing premium processing.

        Is there a way to find out if my petition is selected in the lottery?
        If a Receipt number is generated it can be safe to say that yes you did get selected in the lottery. But you would not get that receipt number your petitioner/attorney would get that.

        This is my opinion not legal advice.

        Comment

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