Change employer in India while H1B lottery is in RFE

USA
1

Hi @Anil.Gupta - I want to thank you first for the detailed post out here for all of us.

Can you please advise me for the below -

I am currently in India and my employer is processing my H1B (filed in Apr 2019). This is the first time application. Currently its under RFE (with response filed in Sept 2019).

Now my question is - Can I switch employers during this time? if so, will my visa application lapse? or this can be taken up by my new employers?

If it does lapse, do i need to go through the process again next year (i.e. all the lottery, application filing etc)

2

Hi @VIKAS_DAS

H1b is not final until it is approved. If you change your Employer in India now, your current employer can withdraw the pending H1B.

If it is withdrawn, you need to file a new H1B next year with new employer.

My suggestion is to wait for H1B Approval, come to US on H1B and then change Employer.

3

Thanks, @Anil.Gupta for the quick response. Just a follow-up questions. In a case where the H1B is approved (i.e. stamped by Jan) and post that (say Feb/Mar) if I switch employer, the next employer just need to apply for a transfer of visa right? or are there any travel requirement post stamping.

Why I am asking this question is, I have an offer from company B, but want to stick to company A until the Visa is approved. Don’t want to lose out on the opportunity now, since I don’t want to go through the lottery business again!

4

Hi @VIKAS_DAS

New employer will have to file their own H1B transfer petition with USCIS and get approval before you can start working for them in US.

The old employer visa stamp in passport can be used for new employer though.