My H1B was selected in this year’s lottery. Can I transfer to a different employer before the October 1st start date?

Answer

In general, it is not advisable to try to move to a different H1B employer until one’s “cap” H1B petition is approved, and has gone into effect (i.e. either the date of approval or October 1st, whichever comes last). At times we have seen the USCIS allow the beneficiary to transfer to a new employer before this date, but it is risky. Attempting to file an H1B with another employer before October 1st and/or approval of the cap H1B may result in the denial or revocation of the cap petition, which would cause the person to lose her/his cap number and entitlement to H1B status. (01.May.2017)

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