H-1B Visa Approved, can I Work for Different Employer?

A reader had submitted a comment concerning the contact form for H-1B visa approval, the proper date of travel to the U.S. and about employers.

I saw many comments in H-1B visa related articles that have similar circumstances.

I have an H-1B Visa but my employer said that they will call me come to the USA for a job in Jan. 2009, so i just want to ask that, if i want to go before Jan 2009 then what would i have to do? and can i work somewhere else until they call me for a job?

Can I go before Jan. 2009?

You will have to get an H-1B visa stamping first and for that you will need to get all the required documents for H-1B stamping from your employer.

This answer is just with respect to traveling to the U.S. with an H-1B visa stamping. But what’s the hurry to come to the U.S.?

Can I work for different employer?

The answer is "Big No." You can work only for your employer who filed your H-1B Visa.

If you want to work for a different employer, then your new employer have to transfer your H-1B Visa.

Right now it’s December and Christmas time is coming up and also the end of the year. Companies typically freeze hiring from November to January.

So I would suggest that you have to follow what your employer says. There is really nothing more you can do about it.

Your employer will know if they have any projects/clients. Just wait for the green signal from them.

4 Comments

  1. Syed on January 25, 2017 at 1:49 AM

    Hi,

    Currently my H1B transfer is in progress.

    1. Can i travel abroad in this state even if i have a valid stamped visa…?
    2. If my application is approved when i am outside US can i return with my original petition or I797..?

  2. Maitra.S on March 12, 2010 at 1:59 AM

    I Had my H1B Visa Stamping in the year 2008 November. Immediately after I got my Visa stamped, the financial meltdown affected across the globe, including USA, followed by the mass recession.
    So, at this moment, my employer suggested me to stay in India and they will call up as soon as the situation is better to join the company or to be on board in USA.

    Still now, I am in India and waiting for their call. But it seems there are in deep trouble and still not recovered from the meltdown.

    Q.

    1. In this situation what should I do? or what can I do to facilitate my journey to USA or properly utilize this H1B visa? Its been almost 1.5 Yrs now, since I have stamped H1B visa.

    2. As my visa is stamped through a company already, and I have never went to USA with this visa even for the first time so, I do not think, I can transfer this one to another employer. Can I?

    Please suggest!

    • sam on May 3, 2010 at 7:35 AM

      hi maitra

      well,even my bro had the same situation. He got his visa stamped n then he had to wait for 4months..bt then he decided to goto USA,without informing the employer.

      my sisters was in USA,so she picked him up from the airport.thn after a week he called up his employer n said tat hez in USA.

      if u wanna take the risk..jus inform ur employer tat u quit ur job after getting the visa,u have no other option but to leave for USA.

      • Maitra.S on May 3, 2010 at 7:56 PM

        Hi Sam

        Thanks for your info. But I think, I should not do it as far as my current employment is concern, I am quite ok with it here in India, and can wait, until H1B employer shows me green signal to go there and join with them in USA. Otherwise, it may be an illegal entry. I am not in such a hurry really! Anyway, thanks.

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