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H1b validity if change of employer after I-797 approval

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  • H1b validity if change of employer after I-797 approval

    Hello,

    I am in working for employer A in India and my H1B got picked in second lottery recently and employer A will be filing my petition for consular processing . Suppose I get my I-797 approved with current employer and switch to employer B in India after that (as I might not be able to move to US for next 2 years for personal reasons and don't intent to stay with employer A till then), will my H1b (I-797) remain valid and cap-exempt, in case I intend to move to US after 2 years with employer B or a new employer ? Or will employer A revoke my approved I-797 once I leave them ?

    ​​​​​​I am trying to understand how can I keep my H1b valid (cap exempt) if I intend to move to the US after 2 yrs ?

    Any suggestions will be super helpful.

    Thanks

  • #2
    Hi,
    Accepting same offer who sponsored your H1B: If you accept Employment who sponsored H1B then you will have to go for visa stamping in order to travel back to the USA.
    Moving to different Employer while in India: If you are moving to different Employer, you will have to file H1B transfer which is also be under consular processing. Once you file petition get approved then go for stamping in order to travel back to the USA.
    Important note:
    *When you do transfer, your previous H1B should not be withdrawn.
    * If you have H1B validity period during your transfer petition filing would be helpful.
    Thanks

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