H1B transfer/withdrawal

[Jetsu]

Hello,

I graduated in May 2020. My prospective employer submitted the H1B application on June 03 and it is pending for final approval from USCIS. And now due to some unexpected unfortunate recent developments in COVID-19, I will have to join another company by September.

Now my question is two-fold:

(i) My employer is ready to file an H1B withdrawal request but their lawyer said that USCIS often will not take action on a withdrawal request. I can join on the F1 OPT visa if the H1B withdrawal request gets approved. I think this is the best possible scenario for me. Do you think this is possible? or;

(ii) I can wait for H1B approval and request the new employer for an H1B transfer. I am worried about this because I have heard that H1B transfers are successful only after 2-3 payslips beginning change of status (i.e., after 08/01). And all this will substantially delay my joining date with the new employer. Are there ways to expedite this process?

Please let me know if you need any additional information. I would like your advice/assistance in this situation.

[rkk09]

Hi,
Please wait for your H1B Approval then you can transfer your H1B to another Employer if you get Job offer from them.. But please make note, Until you get your H1B Approval, you will have to be with same Employer who sponsored your initial H1B. To expedite your process, you can ask your current Employer to upgrade your case to premium processing and get the status within 15 days..
If you withdraw your H1B now, to get H1B again, you will again come under H1B CAP..
Thanks

[victorpatrick]

Hello.
If you receive a job offer from another employer, please wait for your H1B approval before transferring it to them. Please be aware, however, that you will need to continue working for the same employer who sponsored your first H1B until you receive your approval. You can request an upgrade to premium processing from your present employer to speed up the process, and you'll receive an update in less than 15 days.
Withdrawing your H1B at this time will put you back under the H1B cap.
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