Can i transfer H1B Approved before October 1st Amid Layoff's

[shanmuks]

Hi Everyone,

I recently had my H1B visa approved through the 2023 lottery. However, with recent layoffs in my company, I am concerned about my job stability.

Can I transfer my H1B visa to another employer before the start date of October 1st?

I read somewhere that the new employer could file a petition under the “cap-exempt” quota. Is it true? What would be the process?

My OPT expires on Sep 19. Parallelly, can I apply to STEM OPT with a different employer to be on the safer side?

 

[whitemimauz3]

Since technically H-1b has been approved but not been kicked in so far (will kick in from October 1st) & you did not have H-1B status presently, therefore your new employer needs to file new employment not subject to quota and has to clearly notify USCIS that H-1B is approved on your behalf in the past. Your new employer's H-1B also have to have start date of October 1st not earlier than that. Once H-1B status kicks in, your h-1b job start date could be different but not at this time.

OR you can have your new employer file H-1B with consular processing. After fully utilizing your STEM OPT time you can depart country & re-enter country with new H-1B visa stamp.

 

[sharmila809]

Hi Everyone,

I recently had my H1B visa approved through the 2023 lottery. However, with recent layoffs in my company, I am concerned about my job stability.

Can I transfer my H1B visa to another employer before the start date of October 1st?

I read somewhere that the new employer could file a petition under the “cap-exempt” quota. Is it true? What would be the process?

My OPT expires on Sep 19. Parallelly, can I apply to STEM OPT with a different employer to be on the safer side?

Hi Shanmuk,

I am in a similar situation. Could you please tell what worked for you ? Did you transfer your H1B visa to a different employer before October? This will really help me a lot. Thanks!