Switching H1B Employers Before October: A Step-by-Step Guide

Congratulations on your H1B application being picked in the lottery! If you're considering switching to a new employer before October, it's important to understand the legal and technical aspects of the process. This article will provide a comprehensive guide to help you navigate the complexities involved in switching H1B employers.

Is It Possible to Transfer My H1B Visa Before October?

Yes, it is possible to transfer your H1B visa to a new employer before October. However, the process can be challenging and requires careful planning and compliance with immigration regulations.

Understanding the Process

If you already have an H1B visa stamped on your passport and the official documents in your possession, you can approach another employer outside or inside the USA to join them. You can travel as long as the new employer files for a visa transfer and gets it approved. This can be a risky and challenging process for the USCIS to approve, but it has been done before.

Steps to Transfer Your H1B Visa

New Employer Sponsorship: The new employer must be willing to sponsor your H1B visa. This is a crucial step as the employer will need to file a new H1B petition on your behalf. File a New H1B Petition: The new employer should submit a new H1B petition. If they opt for Premium Processing, the petition can be expedited, and you should receive a decision within 15 calendar days. Wait for Approval: Once the new employer's H1B petition is approved, you can start working for the new employer. You do not need to wait for your original application to be processed or approved. Withdrawal of Original Petition: After the new petition is approved, and you have started working for the new employer, the original employer can withdraw the pending H1B application.

Important Considerations

Maintaining Legal Status: Ensure that you maintain your legal status throughout the process. If your current H1B application is denied, you need to have another valid status or a new approved petition to remain in the U.S. Consult with an Immigration Attorney: It is advisable to consult with an immigration attorney to navigate the complexities of H1B transfers and ensure compliance with all regulations.

Summary

To switch employers, the new employer must file a new H1B petition while your current application is pending. If the petition is approved, you can start working for the new employer without waiting for the original application to be resolved.

Key Points to Remember:

The new employer must be willing to sponsor your H1B visa. File a new H1B petition with the option of Premium Processing. Continue working for the new employer before the original application is processed or approved. Withdraw the original petition after the new one is approved.

Consult with an experienced immigration attorney to ensure that all steps are followed correctly and to address any unforeseen issues that may arise during the process.