QUESTION
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 sponsor?
Asked on Feb 13th, 2024 on Immigration - Texas
More details to this question:
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
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
The scenario that you describe is feasible that you can work on OPT for one employer, and if that employer is unwilling to sponsor, another employer can do the sponsoring and you would move on to that employer at some time thereafter, and at the latest 30 days after October 1 if the H-1B is approved prior to that time, or 30 days following the approval of the H-1B if approved after October 1. I do not see that there would be a higher risk of your being petition being rejected or revoked by being sponsored for H-1B by another employer where your present employer is unwilling to sponsor and you will move on to the sponsoring employer. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 09th, 2024 at 6:05 PM