I'm currently on F1 (opt extension) and this year I have received H1B approval. I have received offer from another company and want to move urgently as my workplace is very toxic at the moment. I would not be able to get H1b Visa stamped by going outside US (consular notification) as I don't have enough leaves for it. Has anyone been in this situation and switched jobs while still not having to go through CAP again? Can I transfer h1b approval to a different company without activating it (consular notification)? Any suggestions?
These questions are best asked to the immigration team of your target company or any immigration lawyer for that matter. AFAIK, you can have your visa transferred without getting it stamped. You have cleared cap and you do not need to go through it again. Also there is no H1b transfer as such. A new h1b petition will be filed by your new employer using the receipt # of your current petition
If you have consular notification, that is the best thing.. you can join other company immediately and then go for stamping next year.. save tax also
Also there is a way i know that by paying 3-4k the other company can do change of status instead of consular ! So if you cant go out!
But can I switch jobs without losing my H1B approval before stamping?
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Your H1B starter on October 1, 2019. You’re on H1B. You can file for H1B transfer to another company, you won’t have to go through the lottery process again. Stamping is just for reentering US, nothing do with the employer. You good, go ahead
I have received H1B through consular notification, so my H1B is still inactive