H1B Visa -Employer Change

[hellosrpm]

My relative is currently on student visa and will be graduating from Masters in Dec. His H1B application (through BS degree) was selected through lottery and approved through company A. He is currently doing internship(through CPT) through employer B. Employer B is interested on hiring him.

Just wondering can he transfer his H!B application to employer B without joining employer A? if its not possible does employer B has to apply for lottery for him again? Can you please guide me with steps to transfer my H1B paperwork to employer B. Thank you.

[rkk09]

Hi Member,
Please see my response below.
Just wondering can he transfer his H!B application to employer B without joining employer A?
Answer: Yes. New Employer can file H1B fresh petition and it will not come under CAP. But just want to make sure, Is the H1B petition approved along with change of status or consular approval?
if its not possible does employer B has to apply for lottery for him again? Can you please guide me with steps to transfer my H1B paperwork to employer B
Answer: As I stated above, you can approach another Employer for H1B Transfer... If your H1B approval with change of status approval then at this time you would have already started with Employer A who sponsors your H1B. If this is consular approval then now your new Employer can file H1B petition with change of status request while you are in the USA too.
Thanks

[hellosrpm]

Appreciate your response! He is currently a full time student and doing Masters in the USA under F1 visa. He'll be graduating in Dec 2021 and planning to start working through his H1B only after graduation. His H1B application was based on BS degree. He was selected through second lottery this year in July. Would appreciate if you could answer the below questions.

1. I am not sure what you mean by "H1B petition approved along with change of status or consular approval?". He received approved I797 from USCIS and he lives currently in the US.
2. Is there any deadline date to start the full time employment (activating his H1B)?
3. If he joins employer B (without joining employer A who filled initial H1B) and employer B is cap exempted(non-profit employer), does he need to go through lottery again in the future if he decides to change employment.

Thank you!

[rkk09]

Hi Member,
Here is my response.
1. I am not sure what you mean by "H1B petition approved along with change of status or consular approval?". He received approved I797 from USCIS and he lives currently in the US.
Answer: Please tell, did he get I-797A or I-797 B Approval notice? With that, I will provide more info.
2. Is there any deadline date to start the full time employment (activating his H1B)?
Answer: If his H1B got approved along with change of status from F to H, then as per Approval notice, it should be effective immediately. Please check the approval notice and what start date, It mentioned.
3. If he joins employer B (without joining employer A who filled initial H1B) and employer B is cap exempted(non-profit employer), does he need to go through lottery again in the future if he decides to change employment.
Answer: No. Transferring H1B from profit to Non-profit and again Non profit to profit organization will be doable in later stage and it will not be counted as CAP petition.
Thanks

[hellosrpm]

Thanks again for your detailed response! It was I-797A. His H1B is valid from Oct 01 2021. My understanding was he can start any day after Oct 01. His current F1 visa expires only after he graduates. Is there any restriction he should start employment within certain number of days after the validity date?

[rkk09]

Thanks again for your detailed response! It was I-797A. His H1B is valid from Oct 01 2021. My understanding was he can start any day after Oct 01. His current F1 visa expires only after he graduates. Is there any restriction he should start employment within certain number of days after the validity date?

Hi Member,
If his H1B got approved with change of status and effective from Oct 01 then his status is H1B from Oct 01 onwards. Whether he joins in the current company or new Employer, from Oct 01 onwards status been changed. So he has to start his Employment from H1B petitioner from Oct 01 onwards or do H1B transfer and start immediately.
You will not have any grace period to start Employment on H1B.
Thanks

[hellosrpm]

Thanks for the response! Just one last question.If wants to continue studying under F1 visa and don't want to switch to H1B does he has that option?

[rkk09]

Thanks for the response! Just one last question.If wants to continue studying under F1 visa and don't want to switch to H1B does he has that option?

Hi Member,
Yes. In this case, you will need to again file change of status petition to F1. If you dont want to switch to H1B status then you should have filed H1B petition with consular process approval request.
Thanks