Can I change my employer when H1 is in process

[Bharath4567]

Hi,

I am on OPT visa right now and my current employer has applied for H1B under premium process. Now I got an offer from other employer with the same domain/profile.

I have few questions here:

1. Can I change my employer right now i.e. before any approval status? If yes, do my current employer readily accept this?

2. Once I get the approval status as YES, can I change employer at that time before getting the H1 visa on hand?

Also is there any other option that I can work for both the employers depending on the situation?

Please advice me on this?

Thanks.

[raghvi]

Hi,

I am on OPT visa right now and my current employer has applied for H1B under premium process. Now I got an offer from other employer with the same domain/profile.

I have few questions here:

1. Can I change my employer right now i.e. before any approval status? If yes, do my current employer readily accept this?

2. Once I get the approval status as YES, can I change employer at that time before getting the H1 visa on hand?

Also is there any other option that I can work for both the employers depending on the situation?

Please advice me on this?

Thanks.

1. Yes, but what would happen if the current employer cancels the h1 petition?
2. In Past it was possible, but off late there have been RFEs on transferring the H1 even before it has been activated.

Yes possible to work for multiple employers but check on the max number of hours that you can work.

This is my opinion not legal advice.

[Bharath4567]

1. Yes, but what would happen if the current employer cancels the h1 petition?
2. In Past it was possible, but off late there have been RFEs on transferring the H1 even before it has been activated.

Yes possible to work for multiple employers but check on the max number of hours that you can work.

This is my opinion not legal advice.

Thanks Raghvi for the reply.

Can my current employer cancel h1 petition as it is already been applied? (correct me if I am wrong as this statement is as per other employer who is offering the new position)

Also if I talk to my current employer about this and if they accept, is it possible to go ahead with new employer?

Thanks.

[raghvi]

Thanks Raghvi for the reply.

Can my current employer cancel h1 petition as it is already been applied? (correct me if I am wrong as this statement is as per other employer who is offering the new position)

Also if I talk to my current employer about this and if they accept, is it possible to go ahead with new employer?

Thanks.

Its their petition, they can withdraw it at any moment.

When you say " they accept", what actually are you implying them to accept? Also, once A's petition is approved with a COS from 01-Oct-2016, you should be working only with A.
This is my opinion not legal advice.