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Can I join another company while my H1B visa application is pending (filed through my current company)?

Bismarck, ND |
Filed under: Visa application

Currently, I am on F1 visa working on OPT extension, which will be valid through December this year. I applied for H1 visa this year, which is pending.

But my current employer is unable to pay my salary, as promised. So, I am planning to shift to another company. Please help.

Thanks

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Attorney answers 2

Posted

You need to have the new employer submit an H-1B change of status for you.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

So, what happens to the current petition? And, will I have any trouble from my current employer, if my new employer submits an H1B change of status?

Posted

Your new employer needs to file its own H-1B petition.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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