Employer changes before getting the H1B visa

[annamiles]

Jurisdiction

Texas

Hello,

I have an approved H1B petition sponsored by current employer. I got selected in the H1B lottery while working abroad (outside USA) in my company's subsidiary. My employer wants me to get the H1B visa this year and be back in the US. However, I am not sure about going back to the US right now due ongoing situations. If I don't go back this year I will need to change my employer.
My question is if I change my employer this year before actually getting the H1B visa, and say after 1-2 years I decide to go to the US, then can I still file for the H1B visa based on the approved H1B petition?
Thanks, in advance!

 

[army judge]

My question is if I change my employer this year before actually getting the H1B visa, and say after 1-2 years I decide to go to the US, then can I still file for the H1B visa based on the approved H1B petition?

If you desire a PRECISE answer to your legal question, you'll require the services of an attorney practicing US Immigration law.

Bottom line, retain the services of an attorney licensed to practice in the USA, practicing US Immigration Law.

Pursuing FREE LEGAL ADVICE isn't going to provide you with the information you require.

Another option that might be available for you is seeking guidance and counsel of your employer's HR Personnel. Some employers will pay for immigration legal assistance.

I'm an example as a former (now retired) employee of Deloitte & Touché. I was seconded to work for our practice in Australia many moons ago.

D&T sponsored and reimbursed me for everything involved in the process, visa fees, relocation expenses, travel back to the US every 60 to 90 days, if I wished to do so.

D&T even retained the services of an impartial accounting firm in Australia, providing me with a CPA for guidance about US and Australian federal/national payroll taxes.

Bottom line, mon ami, seek guidance and clarification from the fine, friendly, supportive, knowledgeable employees of your employer's HR Department, you'll receive useful information and assistance, forthwith!

Bonne chance, mon ami.....

 

[Red Kayak]

I have an approved H1B petition sponsored by current employer.

Key words here: "sponsored by current employer".

If you switch employers, you will have to have switch the sponsor.

While it should be easier to do than starting from scratch, you still need to follow the USCIS H-1B Transfer Process.