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Is it Possible to Change Employer before H1-B Stamping is done for an approved H1-B visa holder

Miami, FL |

My current employer sponsored me H1-B visa this year i.e. 2013-14 and I got H1-B as well as the approval. I am currently in USA and my stamping of H1-B visa on my passport is still due which I would do when i travel to my home country sometime in future.

Question :- I am currently working in florida, and I wish to change my job or employer for better opportunity. Is it possbile for me to change the employer even before I get my passport stamped with H1-B. What is the process to do the same if i find a new employer?. Or do I have to first stamp my passport with H1-B then return to USA and then I will be eigible to change the employer

Attorney Answers 3


Yes, a new employer can file an H1b petition for you and you can port to them as soon as they file.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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If you are currently in H-1B status then a new employer can file an H-1B petition for you and you can start to work for that employer. You do not need to obtain an H-1B visa stamp to do this.

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You can have another employer file for you and you can work for them. Make sure you keep the approval notice for the current visa to prove that you were working legally.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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Can I directly ask my current employer to hand me over my current H1B approved letter. he has the original copy of H1b approval letter. are there chances that he would refuse to give me the original approval letter. i dont want to make any mistakes as it will cost me my stay in usa.

Anu Gupta

Anu Gupta


Yes, you can ask them.

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