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Changing employer before travelling to USA

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  • Changing employer before travelling to USA

    Hi All,

    This might have been answered earlier, but wanted to check again.

    My H1 was filed in Apr 2015 and it went through the lottery. I have the receipt number and my case is approved. But my employer is not able to find ay projects in US. is there anyway I can file for a new H1 with a new employer and be considered out-of-cap?

    Also, what is the information that I would require from the current employer?

    Thanks,
    Prasad

  • #2
    Originally posted by PrasadHyd View Post
    Hi All,

    This might have been answered earlier, but wanted to check again.

    My H1 was filed in Apr 2015 and it went through the lottery. I have the receipt number and my case is approved. But my employer is not able to find ay projects in US. is there anyway I can file for a new H1 with a new employer and be considered out-of-cap?

    Also, what is the information that I would require from the current employer?

    Thanks,
    Prasad
    Yes, possible, there have been RFEs by USCIS, but proper documentation can justify the cap exemption. You need to provide the copy of approval notice (I797) from the current employer to the new employer.

    This is my opinion not legal advice.

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