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Can I use approved CP H1B to transfer to a new employer

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  • Can I use approved CP H1B to transfer to a new employer

    Hi all,

    I am on L1 currently. I got H1B approved last year with Consular Processing. I am facing a layoff now, so I have a few questions:
    1. Can I use the approved H1 to find and transfer to a new explorer? I haven't gone through a consulate to get it stamped.
      1. The status on my i797 is approval notice, valid from 10/01/2019 to 09/01/2021, consulate: somewhere.
    2. If the first one is impossible? any recommendation?
    3. If I get laid off, how can I stay in the US with my current I94?
    Thanks
    Last edited by tangyunl; 06-10-2020, 07:45 PM.

  • #2
    1. Yes. However you need to find a new employer and they need to file / transfer within 60 days of you losing your job. In this case, as soon as you receive the notice of filing, you may begin employment.
    If you file a transfer after 60 days, then you need to wait for the approval notice before starting work.
    Premium Processing has resumed which expedite the decision process to 2 weeks.

    2. Not needed in your case as option 1 exists

    3. Technically you need to find another job and transfer asap.
    Opinion only. Cannot be construed as legal advice.

    Comment


    • #3
      Originally posted by R78 View Post
      1. Yes. However you need to find a new employer and they need to file / transfer within 60 days of you losing your job. In this case, as soon as you receive the notice of filing, you may begin employment.
      If you file a transfer after 60 days, then you need to wait for the approval notice before starting work.
      Premium Processing has resumed which expedite the decision process to 2 weeks.

      2. Not needed in your case as option 1 exists

      3. Technically you need to find another job and transfer asap.
      Thanks for your response. I want to clarify one thing that I haven't gone through a consulate to get H1B stamped. In this case, can I still find a new employer to transfer my H1B?

      Comment


      • #4
        Yes
        Opinion only. Cannot be construed as legal advice.

        Comment


        • #5
          Originally posted by R78 View Post
          Yes
          I just want to confirm again. Since I never got it stamped, the H1B is not activated. Can this still transfer to a new employer? Thanks in advance.

          Comment

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