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Change of employer on stamped H1b before Oct

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  • Change of employer on stamped H1b before Oct

    Hi All,

    My petition is submitted by Employer A and I got H1B stamped last month.
    Now I am getting a better opportunity with Employer B.

    I have following questions:
    1. Can i t/f my H1b? I think Ans for this is yes. Is there any prerequisite for this?
    2. If Employer A somehow came to know about this; can they withdraw the H1B petition at this stage (when it is already stamped)?

    Thanks.
    NPN

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

    My petition is submitted by Employer A and I got H1B stamped last month.
    Now I am getting a better opportunity with Employer B.

    I have following questions:
    1. Can i t/f my H1b? I think Ans for this is yes. Is there any prerequisite for this?
    2. If Employer A somehow came to know about this; can they withdraw the H1B petition at this stage (when it is already stamped)?

    Thanks.
    NPN
    Technically you are not cap exempt till 01-Oct-2017.
    1. Post 01-Oct-2017, an employer can file a cap exempt H1 for you, you need to give the next employer a copy of your current approved petition, once the new employer's petition is approved, they will get a new I797.
    2. Yes they can only withdraw the petition, they cannot cancel the visa. Even if they revoke the petition , you would still be cap counted.

    This is my opinion not legal advice.

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