H1 B Approved but Change of Status Pending...Can I change the Employer?

[Simran85]

Hi,

I came to USA in Oct 2013 on H4 and applied for my H1B through an employer in 2014. For whatever reason, my employer applied for H1B through Consular processing. Now it is November 2014 but my employer is hesitant to either apply for consular processing or Change of Status, due to client side issues. Now my question is:

1. Can I change the employer at this stage i.e I have I-797 but not I-94?
2. If yes, what documents would I need for changing my employer?
3. Will it be difficult to find an employer at this stage?
3. What other options do I have?

Any help from the members would be highly appreciable.

Regards,
Simran

[raghvi]

Hi,

I came to USA in Oct 2013 on H4 and applied for my H1B through an employer in 2014. For whatever reason, my employer applied for H1B through Consular processing. Now it is November 2014 but my employer is hesitant to either apply for consular processing or Change of Status, due to client side issues. Now my question is:

1. Can I change the employer at this stage i.e I have I-797 but not I-94?
2. If yes, what documents would I need for changing my employer?
3. Will it be difficult to find an employer at this stage?
3. What other options do I have?

Any help from the members would be highly appreciable.

Regards,
Simran

1. Yes it is possible to change the employer.
2. You would need the copy of the approval notice , I797.
3. Why? If you have the right skill set then you should not have difficulty.
4. First you need to find an employer who is willing to employ you on H1.

This is my opinion not legal advice.