Switching Employers While H-1B Visa is Approved Under Consular Processing

Are you currently working under company A, and recently had your H-1B visa approved through consular processing? You may have received another job offer from company B, but are unsure about the next steps. This guide aims to clarify common questions and provide practical advice for switching employers under these circumstances.

Understanding Consular Processing

Consular processing is a form of obtaining an H-1B visa by applying at a U.S. embassy or consulate outside the United States. If you’re currently in the U.S. on an H-1B visa and wish to switch employers, the process becomes more complex. You must ensure that both the new employer (company B) and the previous employer (company A) are compliant.

The Role of Your Current Employer

Your current employer (company A) will need to file for a H-1B transfer petition if you wish to continue working with them. This involves submitting all necessary documents, including your job description, pay stubs, and proof of your legal work status. Ensure that your I-94 record shows your valid entry date and departure date.

Seeking a New Employer

If company B is interested in offering you employment, they will also need to file a new H-1B petition. This process is similar to the one your current employer has gone through. Providing proof of your current legal status, such as recent pay stubs, approval letters, and tax documents, will be crucial.

Selecting the Right Time to Make Your Move

Given the complexity of the process, it is advisable to wait until you have a clear understanding of your legal obligations. Most experts recommend waiting for at least two paychecks after your H-1B visa is approved before making a switch. This allows for a smooth transition without encountering any unforeseen complications.

Ensuring a Smooth Transition

To minimize the risk of re-opening (RFE) during the approval process, having documented proof of your work status can be invaluable. Specifically, submitting two to three recent pay stubs from your current employment can significantly strengthen your application. This preparation can help avoid delays and complications.

Remember, the ultimate goal is to maintain legal compliance and ensure your continued status in the U.S. Taking small, calculated steps can help you navigate this process without causing unnecessary stress or setbacks.

Note: This advice is provided for informational purposes and should not be construed as legal advice. For detailed guidance and specific situations, it is recommended to consult with a legal professional experienced in immigration law.