change employer with pending H1B Application

[tarun44]

I am currently working on OPT and my present employer has filed for a H1b visa under regular processing. Can i change my employer while my application is still pending ?

Or is it going to be easy to change employer if my application with the current employer gets approved ?

Thanks for your advice

[shervin143]

You can do both. The process is almost the same. You can either apply a fresh H1B petition that will be subjected to CAP with a new employer or wait for the current petition to get approved and then transfer it to a new employer.

[tarun44]

Thanks very much for your reply.

I had read somewhere on the web that you cannot apply for 2 H1b petitions at the same time. If I get another job offer while I have a pending H1b application with my current employer, then does my current employer have to cancel the petition so that i can apply a fresh petition with the new company or can i apply for a new petition even while I have a pending application with my current employer?

Thanks for your help.

[shervin143]

Any number of petition can be filed on your behalf and once approved, you can decide which employer to work for. When you read something from the web, read from the correct source.

[archu_d]

I believe shervin is wrong. You cannot have 2 H1B applications applied at the same time. I had called up USCIS and this is what they had to say. If you have a pending application with employer A then he has to either withdraw that application or you have to Waite till it gets approved before you can apply with another employer B.

[shervin143]

Technically that is true. That is what USCIS wants. That way, they don't waste multiple CAP numbers for the same applicant. However people can have multiple H1B petitions filed and it is not illegal. If two companies are willing to provide you a job that qualifies for an H1B, then they can go ahead and file a petition on your behalf. If both gets approved, then you have the choice to join whichever employer that you want to. It is the responsibility of the other employer to revoke the petition if the individual doesn't join them later. Search the forum and you will find a lot of people who have done this.

Here is a scenario. If a person who is in H1B want to transfer the petition to a different company, then when the transfer is filed and a receipt is received, then the current employer should be informed immediately and the current H1B should be revoked. How many people do you think are doing this? What would happen to the individual if the transfer gets rejected later. The person cannot work for the current employer as well the new employer and will have to go back to the home country.

Also, search and read about bridging in the forum. If people cannot apply for the second H1B petition when there is already one pending at USCIS, then the concept of bridging won't exist.

I believe shervin is wrong. You cannot have 2 H1B applications applied at the same time. I had called up USCIS and this is what they had to say. If you have a pending application with employer A then he has to either withdraw that application or you have to Waite till it gets approved before you can apply with another employer B.

[tarun44]

Are you saying that if I am on OPT and I have a pending H1B application then still I could go ahead and file for a H1b petition with another company ?

[shervin143]

Possible.

Are you saying that if I am on OPT and I have a pending H1B application then still I could go ahead and file for a H1b petition with another company ?

[tarun44]

Thanks for your reply.

I searched the forum but could not find much information relating to my situation. Where would you suggest I look up to get exact information on how the process would work.

[Bobby1211]

Change in Employer when H1B petition still pending with USCIS

Hi,

I am working with a US MNC in India at present. They have applied H1B for me which is still pending with USCIS.

What will happen if i resign & join another US based organization but join in India?

Case 1) In case my H1B is approved, will my comapny be intimated or will i also be informed if i change that comapny before approval.

Case2) In case my approval comes during notice period what will be the situation and if my current employer is not willing to process further (most likely case) what can i do to have H1B visa stamped for me? Can the organization wherein i join in India take up the case and get it processed further and if i can work for new organization instead??

Kindly suugest.

[shervin143]

H1B is an employer's petition. You will not get an notification from USCIS about the approval or denial of the petition. The notification / the approval notice will be sent to the company. Ifyou no longer work for that company, then you cannot use that approval notice to get visa stamping. Even if yu want to transfer the H1B, you still need a copy of the approval notice (or at least the receipt number from the approval notice.)

[bharath138]

H1b applied but have another offer

I am currently on OPT. My H1b has been applied from my current employer. Now i have a very good offer from another employer.
Can I change the employer now? Will this affect my F1/OPT status?
Am ready to withdrawn H1b from current employer. My new employer ready to file h1 next year.

Please suggest.

[Growth]

Hi Tarun44, my situation is the same, I have an OPT and H1B is picked up in lottery , yet to be approved by USICS. could you please advice if one can change the job and what is the risk ?

[Growth]

Hi Tarun44, my situation is the same, I have an OPT and H1B is picked up in lottery , yet to be approved by USICS. could you please advice if one can change the job and what is the risk ?

Hi Tarun44, my situation is the same, I have an OPT and H1B is picked up in lottery , yet to be approved by USICS. could you please advice if one can change the job and what is the risk ?