Q: I want to know if some other employer can sponsor for my H1B while I work for my current employer who doesn't want to?
Hi, thanks for helping with my doubts in the first place. I am a F1 student at OPT working for a company as a Software Engineer. I am not sure if my employer will file for my H1B petition this year as I am a new recruit. I would have only two H1B attempts left if he doesn't sponsor me this year. Considering the enormous number of H1B petitions filed every year, I would not like to let go of any opportunity to secure a H1B visa. Is there a possibility where some other employers can file for my H1B sponsorship and in the meantime I continue working for the current employer until my H1B lottery gets selected? and in the case where my H1B application gets picked in the lottery, can I quit my current employer and join the sponsor's organization and continue my H1B application process? Is this a risky attempt where it leads to higher chances of my H1B application getting rejected because I switch companies solely for sponsorship? Is there any other alternative suggestions for filing H1B wi
A: Yes, some other employer can sponsor for your H1B while you work for your current employer but you need to work for the sponsoring employer once your H1B starts.
A:
Yes, another employer can sponsor you for an H1B visa while you continue to work for your current employer. This is a common practice and is known as "H1B transfer" or "H1B sponsorship" by a new employer. The process involves the new employer filing an H1B petition on your behalf, even as you maintain your employment with your current company under OPT status.
If your H1B petition is selected in the lottery with the new employer, you can then resign from your current job and join the sponsor's organization to continue the H1B visa process. This switch does not inherently increase the risk of your H1B application being rejected. The key is ensuring that the H1B petition filed by the new employer is complete, accurate, and demonstrates that you will be employed in a specialty occupation that requires your specific skills and knowledge.
It's essential to communicate openly with potential H1B sponsors about your situation and intentions. Additionally, consulting with an immigration attorney can help navigate the complexities of H1B sponsorship and ensure compliance with all legal requirements. This approach allows you to maximize your chances of securing an H1B visa without relying solely on your current employer's willingness to sponsor you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
