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resigning from employer before H1B result

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  • resigning from employer before H1B result

    Hi,

    I'm currently on TN visa, but my current employer has applied H1B for me this year and we are expected to hear the results by the end of May. However I've recently taken up a job with another company and will be leaving my current employer by mid-May. What happens to my H1B application? Is there a way that I can still find out whether I was approved or rejected?

    Thank you,
    Matthews

  • #2
    Yes you can, if you have the case receipt number. Regarding the H1B petition: USCIS will process it, and tell your employer if it has approved or rejected the petition. Your employer can also choose to revoke it, since you are no longer working for them. If your employer dos not revoke the petition, and if it is approved, then you can get your new employer to file a cap exempt H1B for you.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by scientist2016 View Post
      Yes you can, if you have the case receipt number. Regarding the H1B petition: USCIS will process it, and tell your employer if it has approved or rejected the petition. Your employer can also choose to revoke it, since you are no longer working for them. If your employer dos not revoke the petition, and if it is approved, then you can get your new employer to file a cap exempt H1B for you.
      Hi scientist2016,

      Today I received notice from my current employer that my H1B was selected! They do not know that I am leaving the company yet, since in my line of work there is no notice period. Assuming all the paper work is fine, does this mean that my H1B is out of my current employer's hands?

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      • #4
        It has been selected. Once it has been accepted, and you receive the notice of the same, your new employer can file a H1B transfer.
        Just an opinion; Not legal advice.

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        • #5
          Changing the employer while H1b petition is pending

          I am working in USA on F1 OPT for Employer A with Client B. Employer A has filed H1b for me this year and it got picked up in lottery. Now Client B is ready to offer a full time position and ready to provide sponsorship. I am interested to move to Client B.
          What is the best way to not lose my H1B opportunity for this year while taking up the position with Client B.

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          • #6
            Originally posted by scientist2016 View Post
            It has been selected. Once it has been accepted, and you receive the notice of the same, your new employer can file a H1B transfer.
            Can my current employer still withdraw my application now even though it's been selected? I guess that's what I'm afraid of.

            Comment

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