H1B Transfer pending (Can i switch Employer )

[manikanta.anna]

Hi ,

       I worked for Employer A and i had a valid H1B visa till SEP 2016. Then I joined Employer B and still my Emp B transfer is in progress and my contract with the end client is ending in next 2 weeks.

 

Will this cause any issues to my Visa transfer if i work for another client before approval ?

 

Is it possible to switch to another employer in this situation ?

 

[rahul412]

Of course you will, what will you do if they ask more documents or information related to your client?

 

Change the employer and find a full time position. Not a consulting firm.

[jairichi]

Your new employer cannot apply for amendment before H1B petition approval. Without filing an amendment you cannot work with new client. If a new employer files a cap exempt H1B petition now it will be considered as bridge application. If for reason employer B's petition is denied then your H1B petition with new employer if approved will not have an I94.

[manikanta.anna]

Thanks for the reply. I have got RFE and asked for client letter but now i have client letter with the September 2015 end date and no possibility of extensions. Still my Employer A petition not revoked. so can i switch to them now ?

[manikanta.anna]

Your new employer cannot apply for amendment before H1B petition approval. Without filing an amendment you cannot work with new client. If a new employer files a cap exempt H1B petition now it will be considered as bridge application. If for reason employer B's petition is denied then your H1B petition with new employer if approved will not have an I94.

I got RFE and asked for client letter.  Now client letter mentioned September 2015 is end date and no possible extensions.

 

Will this cause any issues if i reply . And can i switch back to my Employer A if they have n't revoked my petition ?

[rahul412]

I got RFE and asked for client letter.  Now client letter mentioned September 2015 is end date and no possible extensions.

 

Will this cause any issues if i reply . And can i switch back to my Employer A if they have n't revoked my petition ?

I think this H1 is gone. Its better to go back to your employer A, but I think you need a new H1 from A since you have started working for B that old H1 is gone.

[manikanta.anna]

I think this H1 is gone. Its better to go back to your employer A, but I think you need a new H1 from A since you have started working for B that old H1 is gone.

Hi Rahul,

                Thanks for the response. I have petition approved and valid visa till sep 2016 by company A. If i want to go back to my Employer A, do they still need to apply another one for me ?

[rahul412]

Hi Rahul,

                Thanks for the response. I have petition approved and valid visa till sep 2016 by company A. If i want to go back to my Employer A, do they still need to apply another one for me ?

I think so bcos you have started working for another employer that means your old H1 is gone. If you want your old H1 to be active then you should work for that employer during that time.

[sunny1986]

You can check on USCIS website whether your old H1 with employer A is still active or not. Just enter the receipt number you got from emp A and you will get to know instantly. If your emp A hasn't withdrew your petition yet, you can switch back.