Transferring to a New Company While Waiting for H-1B Processing

The H-1B visa is a precious work permit for foreign professionals seeking employment opportunities in the United States. While you may be eager to change jobs during the waiting period for your H-1B transfer, there are factors to consider to ensure a smooth process and avoid any complications.

Can You Switch Jobs During H-1B Processing?

Yes, you can work for another company while your H-1B transfer is pending. However, it is advisable to wait until the official approval to avoid potential disruptions in your immigration status. Despite the flexibility, some situations may not allow for seamless transitions.

Outside the U.S. with a Visa Application in Administrative Processing

If you are currently outside the U.S. and your visa application is in administrative processing, switching jobs might not prevent an extension of this process. Your new employer will likely need to start a new application, which may result in another round of administrative processing. This restarts the application cycle, and it is not a straightforward workaround.

Potential Complications with Second Employers

Another employer can file an H-1B petition for you, but it does not guarantee a faster processing at the consulate. The new application can also be placed in administrative processing if your name appears in a search or if your name matches someone on a terrorist watch list or has any other inconsistencies.

Understanding H-1B Visa and Its Process

The H-1B visa is a special work visa for professionals with a bachelor's degree or higher from an American institution, or the equivalent. It is required for employment in the U.S., and its demand often results in long durations between the application and confirmation.

Initial Approval and Employment Start

If you are processing your first H-1B and have not yet been approved, you cannot transfer because there is nothing to transfer to. Conversely, if you already have an approved H-1B, you can apply for a transfer to a new employer.

Starting Employment Before Approval

You do not need to wait for approval to start working; you can begin as soon as you receive the receipt. However, more stringent scrutiny and common Requests for Evidence (RFEs) mean a longer wait time and increased uncertainty. With the resumption of Premium Processing in February, the wait may be even longer.

Job Security and Resignation

Many IT staffing companies will extend you an offer immediately if you agree to join them upon the visa transfer initiating, but resigning from your current company while the H-1B transfer is pending can lead to complications. I recommend waiting for Premium Processing to resume before resigning from your current company.

Closing

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