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Can I change jobs when my H1B application is in process?

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  • Can I change jobs when my H1B application is in process?

    I am employed with a employer 'X' and I have prospects for a new employement with employer 'Y'. My current employer 'X' has already filed my H1B under normal processing. I have found out that ther can be 2 applications for H1B sent to the USCIS but I will be able to work only when my H1B filed by the new employer 'Y' gets approved. How do I deal with this situation and what happens to the H1B application filed by the current employer 'X' when my H1B filed by new employer gets approved?

  • #2
    Do you currently have a valid I-94? If not, then the transfer will have to be filed as a bridging petition based on the pending H1B extension. Search and read about bridging.

    I am employed with a employer 'X' and I have prospects for a new employement with employer 'Y'. My current employer 'X' has already filed my H1B under normal processing. I have found out that ther can be 2 applications for H1B sent to the USCIS but I will be able to work only when my H1B filed by the new employer 'Y' gets approved.
    >>> That is not true. You are allowed to work for the new employer upon receiving the h1B receipt notice. However, it is advisable to join the new only only when the transfer gets approved.

    How do I deal with this situation and what happens to the H1B application filed by the current employer 'X' when my H1B filed by new employer gets approved?
    >>> Both the petition can get approved. But you can work only for 1 employer at a time. If employer Y's petition gets approved with a new I-94, then you can join them. You don't have to worry about the status of the petition filed by employer X if you don't have any intention of working for them.
    Not a legal advice. Use of this information is strictly at your own risk.

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