H!B - Employer Change


hellosrpm

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My relative is currently on student visa and will be graduating from Masters in Dec. His H1B application (through BS degree) was selected through lottery and approved through company A. He is currently doing internship(through CPT) through employer B. Employer B is interested on hiring him.

Just wondering can he transfer his H1B application to employer B without joining employer A? if its not possible does employer B has to apply for lottery for him again? Can you please guide me  with steps to transfer my H1B paperwork to employer B. Thank you.

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On 11/2/2021 at 3:11 PM, hellosrpm said:

can he transfer his H1B application to employer B without joining employer A?

No

On 11/2/2021 at 3:11 PM, hellosrpm said:

Can you please guide me  with steps to transfer my H1B paperwork to employer B.

Start working for employer A , collect at-least 1-2 paystubs and other documents- (while Employer B waits for your relative and still keeps same job on hold for him)- join employer B- provide necessary docs to employer B attorney/employer and they should take care of transfer process. 

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@hellosrpm - If your relative has not worked on H1-B at all meaning he did not have any Payslips from petitioning employer then he would not be able to transfer to new employer.

Employer B has to file his petition in lottery again and if it will be approved then he can work. Please consult with a immigration lawyer to better understand the process

 

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