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Can I change my employer before H1-B (approved) stamping?

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  • Can I change my employer before H1-B (approved) stamping?

    I got my H1-B approved status in the year 2008. I have my H1-B approved documents with me but I've not done stamping yet. Can I change my employer without informing the current employer and do the H1-B stamping within my home country with the new employer? If yes, what would be the procedure for doing the transfer.

  • #2
    There is no special procedure for transfer in your case. There is no pre-requisite of a visa stamp on the PP to get the H1b transfered. Read the FAQS.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      If you never worked for the first employer, what your new employer needs to file is a new cap-exempt petition. You can apply for visa stamp based on the new petition. Remember, the first time you enter the US on H1 visa, your visa needs to be annotated with current employer's name.
      This is my opinion and not legal advice.

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      • #4
        Originally posted by kabkaba
        Remember, the first time you enter the US on H1 visa, your visa needs to be annotated with current employer's name.
        Not true. Incorrect. Visa could be with any employer's name on it. Employer's name has no significance. The I797 from current employer and visa have to be valid.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Entering on H1 the first time and showing a different petition than what the Visa is annotated with? You sure? Subsequent times I can understand, but the first time?
          This is my opinion and not legal advice.

          Comment


          • #6
            There is no difference between first time or subsequent time as far as the rules go. You can look at the FAM - Foreign Affairs Manual that has the details posted.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment

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