H1B Consular Processing

[Viji85]

I am currently working for Employer A in H4 EAD. My employer applied for H1B last April and it was approved in September 2019 with Consular processing.

I was planning to travel to India in April 2020 and get H1B stamp from consulate. With current situation, I had to cancel my travel plan. 

My company is currently laying off employees amid corona crisis. If I get laid off and find different job, can I still use my h1B with new employer? Please note that this is my first H1B and petition is approved for consualr processing and not stamped yet. 

[User099]

I don't think you can use it, but you should check with an attorney for confirmation. 

[gopalakrishnach]

can I still use my h1B with new employer? -- the new employer must submit new H1B petition. You can join new employer on receipt. This will be only option you will have if you are laid off by current employer..

I have one question in my mind, normally in order to activate consular H1B you must get out of USA get visa stamped and them start working on H1B. It looks you never stamped. Thats what confusing me.

[MurthyIndia_Lawyer]

Hi,

Please note that to be cap-exempt, technically, you need to have either a H1B visa on your passport or you need to have been in the U.S. pursuant to a H1B status in the past. If neither of these conditions are satisfied, then you will be subject to the lottery to become eligible for another H1B.

You may discuss your case with one of the experienced attorneys at the Murthy Law Firm in the U.S. (https://www.murthy.com/contact-us/) to explore your options.

[Mav777]

On 4/3/2020 at 10:49 AM, gopalakrishnach said:

can I still use my h1B with new employer? -- the new employer must submit new H1B petition. You can join new employer on receipt. This will be only option you will have if you are laid off by current employer..

I have one question in my mind, normally in order to activate consular H1B you must get out of USA get visa stamped and them start working on H1B. It looks you never stamped. Thats what confusing me.

Read the first line. OP is currently working On H4, not h1b which has not been activated. Hence a new employer will have to file a fresh h1b in next years cap, in the event OP is laid off prior to stamping the consular H1B

Edited May 10, 2020 by Mav777