Filing LCA with New Employer, Will it affect My H1B


Am a contractor for my employer A and they have applied my H1 on May 29,2012.

I lost my Project on August 31st and my H1B in Initial Review. I got my new project with same Employer. It is Full time job but I assured them I will transfer my H1 on October End. Now problem is that My Employer creatung problem saying rate is very low from the project I have Got. So am planning to leave my current Employer and join New Employer Full Time. I need to explain my situation to my new Employer and I have back up of OPT till September.

My question is: Can I leave my current Employer and ask my New Employer to apply New LCA?? Is that possible?

or Am I stuck with Old Employer since he has applied my H1 or Can he withdraw my H1 if I leave them?

Please let me know answer.


Wait for until your current employer’s H1B is approved. Then ask your new employer to do COS on your approved petition. During COS he will apply new LCA as per the location of the project.