If a person’s H1B got picked and his employer filed the application petition and in process, but not yet approved. In the meantime, if the employee wants to change the employer, can this application be transferred to new employer before it’s approval? The present status of the employee is F1 opt and changing to H1B (Change of status from F1 to H1B). Kindly advise in this regard.
If your H1B petition has been filed but not yet approved, and you’re still on F1 OPT, then unfortunately you cannot transfer that pending H1B petition to a new employer.
The H1B “transfer” process only works after the original petition is approved—because there’s technically nothing to transfer until the H1B is officially granted.
If you want to switch employers now, the new employer would need to file a completely new H1B petition, and you’d have to go through the lottery process again (if it’s still within the cap season).
Since you’re currently on F1 OPT and the change of status is pending, it’s also important not to jeopardize your current status. So definitely talk to an immigration attorney before making any move—because timing and paperwork are everything in these transitions.
nah you can’t transfer it before it’s approved. there’s no “transfer” really — only once your H1B gets approved, then another employer can file a new petition for you under cap-exempt since you’re already counted.
if you leave your current employer before approval, you basically lose the H1B spot this year. you’d have to go through the lottery again with a new company next year.
best thing is to stick with the current employer until the H1B is approved and active (usually oct 1), and then you can move. I know it sucks but that’s how it works.
A friend of mine considered changing employers once his H1B got selected, but he decided it was too risky since his H1B wasn’t finalized yet. From what I’ve seen, most people wait at least three months after approval before exploring new opportunities. It seems safer.
Thanks for sharing. Did your friend finally got his or her H1B? Did he or she receive any RFE?
Dear Ms. Jyothi,
Thanks for the update. But I have one more question. If your H1B gets approved in the month of July (if we opt for premium processing) and the latest work to be commenced from 01st Oct 2025. So, Can we change the employer after getting the approval and before commencement of work from Oct 2025?
Your advise in this regard is highly appreciated.
Regards
Venu Gopal
No. The employer has filed the petition and yet to approve.
Yeah, he got it last year and switch job later with no issues. No RFE either, super lucky. He submitted pretty detailed docs early on, which probably helped a lot.
I think you have to transfer your H-1B after it is approved. So wait until December to start your new job?? Also following this question, can you initiate the transfer without the current employer knowing the process?
Generally speaking, an H-1B transfer doesn’t require your current employer to be notified. I’ve seen many people only give notice after the transfer is approved.
*Technically, you can start working for the new employer once the transfer receipt is issued, though some prefer to wait until it’s officially approved to be on the safe side.
you need to wait for your H1B get approved I think
The new employer is insisting to join in July.
that’s tricky… cuz technically your H-1B is not taking into effect yet..
Thanks a lot for the helpful insight! That really clears up my confusion. It’s good to know that notice isn’t required until after approval, and I appreciate the tip about starting after the receipt versus waiting for full approval. I’ll definitely consider the safer side while planning my next steps. 
Yes, you’re right—that’s exactly what makes it a bit confusing. Since the H-1B hasn’t taken effect yet, I’m trying to be extra cautious with every step. Really appreciate you pointing that out!
Yes, I think you’re right—waiting for the H1B approval definitely feels like the safest option. I don’t want to take any risks, so I’m planning to hold off until everything is officially approved. Thanks for your input!