Change employer after H1B Consular petition approved without stamping


#1

My H1B is being filed as Notify the Office/Consular petition which means I can shift from F1 STEM OPT to H1B whenever I want to by visiting back to India and getting the stamp.

Right now I work for Employer A in US on F1 STEM OPT.

Ques 1: If I get my application approved after being picked up in lottery, do I need to get it stamped before changing to Employer B? Or Employer B can file for a H1B transfer without me getting H1B stamped from India?

Ques 2: If Employer B files for H1B transfer without me getting it stamped, do I have to go through lottery again for the trasfer? Or will I be cap exempt?

Thanks


#2

I actually spoke to someone on the same topics last night.

If your H1B is approved as Consular Processing, I personally would get stamped once you have all the papers with you. Then think about transferring to a new employer.

There’s always a possibility for your current employer to withdraw your H1B. Play it safe. Get into H1B Status and then apply for Transfer.

Let’s say you apply for transfer before stamping, there’s no premium processing. You quit the current job. And current employer decides to withdraw your H1B? I don’t how this will play out, but why poke the bear?


#3

Thanks for the reply. Also, is premium processing coming back for transfers anytime? I heard its suspended until unknown date. :frowning:


#4

PP is open for applications filed Before Dec 21, 2018.
Play it safe when it comes to H1b transfer and changing employers.