Can we transfer H1b lottery picked petition from the outside employer to the current full time employer.


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Hi team, currently I am on a Cpt F1 visa worked as a full-time employee. I applied H1b cap with my current employer and outside employer, but my H1b lottery didn't pick through the current full-time employer, it was picked with the outside employer.  Now my full-time company immigration team suggested initiating the transfer H1b lottery petition from the outside employer. They mentioned we can transfer the H1b lottery petition from the other employer. Is it possible to transfer the H1B lottery petition to the current full-time employer from the outside employer? Thanks for the help.

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In general, it is not advisable to try to move to a different H1B employer until one’s “cap” H1B petition is approved, and has gone into effect (i.e. either the date of approval or October 1st, whichever comes last). At times we have seen the USCIS allow the beneficiary to transfer to a new employer before this date, but it is risky. Attempting to file an H1B with another employer before October 1st and/or approval of the cap H1B may result in the denial or revocation of the cap petition, which would cause the person to lose her/his cap number and entitlement to H1B status.

 

https://www.murthy.com/2017/05/04/my-h1b-was-selected-in-this-years-lottery-can-i-transfer-to-a-different-employer-before-the-october-1st-start-date/

Edited by Zodiac System
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