Can You Switch Jobs While Your H-1B Transfer Is Pending?

When it comes to changes in employment while managing your H-1B visa status, the question of whether you can switch jobs during the pending period of an H-1B transfer arises frequently. This article delves into the nuances of this situation, providing clarity and guidance for individuals facing this decision.

Facing Conflicting Information

There are differing opinions regarding whether you can switch jobs while your H-1B transfer is pending. Some individuals advise that you should wait until the transfer is approved to avoid any complications. However, others suggest that you can switch jobs but with certain precautions.

Circumstances and Precautions

If your H-1B transfer is being processed and is your first one, you may not have the option to switch jobs because you don’t have a H-1B to transfer. Conversely, if you already have an approved H-1B, you can proceed with a transfer. However, the process is not as straightforward as simply switching employers.

The H-1B visa is not owned by the individual or the employer. Instead, it is a government-sponsored petition. Therefore, if your application is approved, it means you are not tied to the specific employer but rather to the H-1B itself. To switch employers, you need to file a new H-1B petition. This is why we often say you can "switch employer on your H-1B."

Risks and Benefits

Employers face significant risks when petitioning for an H-1B visa, such as the chance of the candidate not being approved or not winning the lottery. The approval risk for subsequent applications is much lower because you have already been approved once and have not been counted against the quotas due to previous applications. As a result, once a new H-1B application is approved, you can start working immediately.

For those wondering whether their current H-1B transfer has been completed, it is advisable to consult with the attorney who has filed the transfer for confirmation. In regular cases, you may join a new employer with a valid H-1B petition. For travel purposes, a valid H-1B stamp in your passport is needed to enter the USA; however, for re-entering, the stamp may not be necessary if it is valid for the future date of your travel.

Practical Considerations

If your current H-1B stamp is valid for future travel, you can continue to work without restamping. However, if your stamp is not valid, you will need to re-stamp your passport to update it with the next valid entry date.

Conclusion

While it is possible to switch jobs while your H-1B transfer is pending, it is crucial to navigate this process carefully. Understanding the risks and benefits can help you make informed decisions about your career moves, ensuring that your immigration status remains intact.

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