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koriarguy

Is it possible to change Employer or sponsor after approval of H1B visa application but before visa issue?

By koriarguy in Work Visas

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koriarguy Newbie

koriarguy   0

Posted
Filed: Timeline
Posted

A friend of mine was issued with an Approval Notice by US Citizenship immigration Services, by a company in the US, for his H1B (Petition type: I129 Petition for Non-immigrant Worker). It states it is valid from October 2014 to August 2017. He is an IT guy, with bachelors in Engineering from India (and with an additional 1 year diploma in Animations) and working in the field for the last 4 to 5 years and considered to be high value professional in his field. During the visa interview at the US consulate, he could not answer certain questions (he did not take help of an agent or representative but decided to manage it himself at that time) and his visa issuing is still pending. The company in the US is not very helpful (or not able to help?), then onwards.

My question is, once the application for H1B is approved for the candidate, stating that he is eligible for H1B visa (or selected as a candidate), is it possible to change the employer? Is it legal? If so, how to proceed with it? We will be interested to hear from potential employers, agencies, professionals, regarding taking forward his application.

Any informed information/response will be highly appreciated. Is it quite usual that this happens?

Thanks in advance.

KoriarGuy

Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Always difficult when the information is second hand.

FYI

The Lawyer would be the one to speak to, not the Employer who may have little knowledge of the visa process.

It is the Employers Petition, if he does not want to accept the position he should find a new Employer to sponsor him.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

canadian_wife Grand Master

canadian_wife   1,823

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

According to http://www.h1base.com/visa/work/h1b%20visa%20transfer%20to%20a%20new%20employer/ref/1169/ the H1b can now be transferred but the new company must initiate the transfer of the H1b.

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

He does not have one yet and that is a transfer, he is not even in the US.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

Koriar, no, just simply no.

you use the word 'agent' here when you should be chasing after 'company's immigration attorney' instead.

words matter, use of words matter and all hinges around the company's immigration attorney.

Sorry. Better Luck next time, when chasing friendship, aye?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

 
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