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Will my H1B lapse if my new employer refuses to sponsor my H1B?

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  • Will my H1B lapse if my new employer refuses to sponsor my H1B?

    My current employer has sponsored a H1B for me (valid from Oct 2007 till Sep 2010).
    The company that has made me a new job offer has refused to sponsor my H1B.
    if i join this company now, will my h1b lapse?

    if I join a third company before the expiry of visa validity, will the H1B then again become valid or will it be treated as lapsed?

  • #2
    I am not sure what do you intend to do as your question is confusing. But one rule is very clear from USCIS and that is - a company who pays you must sponsor your H1 visa. Keep this in mind and rethink your options.

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    • #3
      some background - i have not working in the US yet. i am working in india and i have a H1B sponsored by my current company and my visa is valid till 2010.

      i have an offer from another company also to work in india but they are not ready to sponsor my h1b.

      my question is if i join the new company will my h1b be cancleed / lapse such that in 2009 if another (3rd) company hires me and agrees to sponsor a H1B visa, do i need to go for a fresh application or can it sponsor the existing visa?

      hope this is clear.

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      • #4
        I think you want to be able to "transfer" your H1 visa from current company A in India to a future company C in Us in the year 2009, whereas your current H1 visa is sponsored by company B in US valid from 2007-10. Right?

        There are many downsides of doing this and which might foil your plan. First and foremost you need US paystubs from the company B holding your H1B to transfer your visa to another company C. And even prior to that why should company B maintain your H1b and not cancel it all this time? Other things like you not reaching US for a long time after being issued a temp work visa, questions at PoE etc etc.

        Overall, the chances of you being successful in what you plan to do looks slim to me. Wait for advice from other members as well in the forum.

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