New employer H-1B petition after approval of H-1B from a different employer

[helph4volunteer]

My spouse is in the U.S. on H4 visa. An employer offered her a job and H-1B visa sponsorship for 2015 and the petition is going to be filed this April.

 

This past weekend another employer interviewed my spouse and offered her a job. These are non-IT jobs and not through IT consultancy firms. The new employer is hesitant to petition for H-1B right away.

 

Is there a legal way to change H-1B employer after the approval of visa and before the Oct 1st start date?

 

 

[jairichi]

My spouse is in the U.S. on H4 visa. An employer offered her a job and H-1B visa sponsorship for 2015 and the petition is going to be filed this April.

 

This past weekend another employer interviewed my spouse and offered her a job. These are non-IT jobs and not through IT consultancy firms. The new employer is hesitant to petition for H-1B right away.

 

Is there a legal way to change H-1B employer after the approval of visa and before the Oct 1st start date?

After her H1B petition with COS with an employer is approved a new employer can file a cap exempt H1B petition and on approval she can start working for new employer.

[helph4volunteer]

Thank you jairichi!

[t75]

Why is her preferred employer not willing to file? This should give you a hint that there may be difficulty with stampings or other issues.

[helph4volunteer]

@t75: Her preferred employer intends to file a petition only if they are assured that no other company is filing for my wife's H-1B. We are not willing to take a chance this close to Apr 1st.

 

Honestly, this new employer happened just a few days ago while the other employer has already received LCA earlier this month and had in fact filed for my wife's H-1B petition last year as well. Her petition was not selected in the "random selection" of petitions. The new employer is offering a better position, salary and benefits and most importantly work location of our choice.

 

PS: Both are accounting and CPA firms and the my wife is a Chartered Accountant from India and a CPA here, looking for a job with successful H-1B petition for the past 2.5 years. She has had 5 job offers so far but has been very unlucky to getting a H-1B petition in time.