Q: Can I change the company while my H1B case is still pending to be approved. It is better after or before it is stamped?
I have been selected in the lottery and received I-797C for the H1B. The case type is: I129 - petition for a nonimmigrant worker
Currently the case is pending with the company that is sponsoring my petition, and the USCIS is asking the company for more evidence. If the H1B is approved I can start working for the current company in October 2018. Can I change the company sponsoring me while my case or work permit is still pending? Can a new company take over my H1B before it is approved and stamped, or immediately after it is approved and stamped? What is the risk since I will have no paystubs?I am outside the US currently, but possess the B1/B2 visa.
A: If the H-1B filed on your behalf is approved, you can start working for the sponsoring company on October 1, 2018. If you want to change employers, the new employer must file an H-1B transfer petition for you after that date.
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