h1b pending-changing employer

[ioana]

hy! i applied for H1B visa and I'm still pending, but my employer (sponsor) changed his mind and he doesn't hire me anymore. what should I do?

[txh1b]

If the employer revokes/withdraws the petition, you are out of luck.

If they let the processing go through, you can transfer to a new employer once approved.

[ioana]

oooo

thanks...
do you think that is a great idea to change my employer right now, before my actual sponsor will revoke my papers? can I do that?
or it is better to wait until i will get an answer from immigration?

[txh1b]

You need proof of approval and prior cap count before you can switch. Transfer without you having the proof of cap count is not possible.

[ioana]

ops

i do not know what that "proof of cap count" is...sorry

[ioana]

hey

do you mean if I passed the lotery?
if yes, I did pass the loterry and I am waiting for my visa to be approved til October.
can my sponsor(employer) do something til than to hurt me?

[txh1b]

i do not know what that "proof of cap count" is...sorry

That is your approval notice. Just getting selected in the lottery will not give you proof of cap count as the number does not actually belong to you until the petition is approved.

Your employer can withdraw the petition before the approval and the lottery cap number is granted to another applicant that is in waiting list.