H1B petition approved - Change Employer

[bvreddy15]

Hi,

 

I'm currently on L1B (expired but on I-94) from employer A.

 

Employer B sponsored H1B this year and the petition is approved with consular processing (without CoS). Unfortunately, employer B does not have suitable positions for at this time.

 

Another employer C is willing to hire me using the approved H1b petition. Is this possible? If so, what is the procedure?

 

Please suggest.

 

Thanks

 

[jairichi]

Hi,

 

I'm currently on L1B (expired but on I-94) from employer A.

 

Employer B sponsored H1B this year and the petition is approved with consular processing (without CoS). Unfortunately, employer B does not have suitable positions for at this time.

 

Another employer C is willing to hire me using the approved H1b petition. Is this possible? If so, what is the procedure?

 

Please suggest.

 

Thanks

Yes. Employer C has to file a cap exempt petition and on approval you can start working for employer C.

[bvreddy15]

Thank you for the reply.

 

Please throw some light on processing time for cap exempt (premium).

 

Can that be changed as CoS (change of Status) in lieu of consular processing? (so that I dont have to go for stamping now).

[jairichi]

Thank you for the reply.

 

Please throw some light on processing time for cap exempt (premium).

 

Can that be changed as CoS (change of Status) in lieu of consular processing? (so that I dont have to go for stamping now).

It is 2.5 months by regular processing and 15 calendar days by premium processing.

Yes it could be filed as COS.

[bvreddy15]

Thanks and few other questions.

 

My current assignment with Employer A is ending on 31st October. My LCA is still under process with employer C.

The process slowed down due to federal shutdown all these days. The prospective employer C is ready to file the cap exempt H1B with COS upon LCA approval.

 

But can I continue to stay in US after Oct 31 until H1B is approved? Will I be in status after I quit current employer and be eligible for CoS?

 

Will there be any issues if I work for prospective employer C, without pay before H1B approval and after Oct 31st?

[jairichi]

Thanks and few other questions.

 

My current assignment with Employer A is ending on 31st October. My LCA is still under process with employer C.

The process slowed down due to federal shutdown all these days. The prospective employer C is ready to file the cap exempt H1B with COS upon LCA approval.

 

But can I continue to stay in US after Oct 31 until H1B is approved? Will I be in status after I quit current employer and be eligible for CoS?

 

Will there be any issues if I work for prospective employer C, without pay before H1B approval and after Oct 31st?

Yes, you are in status as long as USCIS has received your employer C's cap exempt H1B petition and provided a receipt notice.

It is absolutely illegal to work for employer C with no pay. But, you could start working for employer C based on receipt notice but you have to be paid.