Change of Employer on H1B Consular Processing

Hi,

I am currently on STEM OPT and my company has applied for a H1B on my behalf via “Consular Processing” and it’s approved.

Can I change my employer without jeopardizing my H1B visa as my H1B is not activated yet.

Generally, the change of employer can be done once you switch to H1B status from F1 either by change of status in the US from F1 to H1B or consular processing (visa stamping).

The new employer may file a cap-exempt H1B for you ( with change of status or consular processing) however it depends on the adjudicating officer and it may get approved or denied.

There have been cases where USCIS have denied such petitions citing the reason that as the H1B was never activated, it cant be counted against the cap-exempt.

Also people have reported that their H1B was approved under cap-exempt even if the 1st H1B was never activated.

I would say there is no harm to try. Even if it is denied it doesn’t impact your current H1B.