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Can I join new employer while my H1B petition from another employer is pending?

Richmond, CA |

I am working on F1 CPT. My H1B is filled by employer 'X'. Now I would like to change my job and would like to join employer 'Y'. If my H1B gets approved from employer 'X' in 4-5 months from now, will I be able to transfer that H1B to employer 'Y'?
Please advise!

Thanks!

Attorney Answers 3


  1. If your H-1B employer is your CPT employer, what makes you think they will continue the process if you leave?

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. Mr. Ferrari is correct ... 'jumping ship' before the initial papers have been processed is a clear sign of a dis-loyal employee.

    X will probably cancel the papers and, even if Y is willing to hire you, Z probably won't be.

    This is not a good plan.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. You can transfer ot employer Y but I would wait for approval of the H first.

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