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Employer change when H1B petition filed and status is INITIAL REVIEW

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  • Employer change when H1B petition filed and status is INITIAL REVIEW

    Hello,

    I'm working in a india based software firm and My H1B petition is filed by my current employer. As per the last update, status is INITIAL REVIEW ( it's been nearly 4 months on this status ).

    I want to know what happens to my current petition which is in progress If I switch to a new employer.

    Does my current employer have any control over my petition which is in progress ? If yes, please guide me with the scope of the same and till what status of the petition they'll have control.

    Thanks in advance

  • #2
    They always have control over it. It is their petition, you are only a beneficiary of the petition.

    After the petition is approved, another employer can file a cap-exempt petition for you. (transfer). But if you leave now while the petition is pending and if your employer withdraws it, you will get no benefit out of it.
    This is my opinion and not legal advice.

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