If I get laid off while my H1-B application is under process, can I transfer it to another employer

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If I get laid off while my H1-B application is under process, can I transfer it to another employer

My legal status is F-1 student in the OPT extension tenure. My employer has applied for my H1-B visa and they had to lay me off due to internal issues. Will I be able to transfer the visa if it gets approved. What is the best course of action, that I can take at the moment.

Asked on May 31, 2017 under Immigration Law, West Virginia

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can have another employer file a transfer petition even before the pending one is approved.  The key is that a new petition has to be filed by a new employer and all the filing fees paid again by the new employer.  However, the good news is that it would not be subject to the cap since you have already been counted against the cap.


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