H-1B Visa

If a prior H-1B petition was approved for consular processing and was never activated (by entering the U.S. on that visa), USCIS may view the individual as still subject to the numerical cap/lottery. However, if a subsequent Change of Status petition was approved with a future start date, a new employer can attempt to file an H-1B transfer prior to that start date.

Under Department of Labor regulations for mobile or consultant roles, employers can designate their corporate headquarters as the primary place of employment on the Green Card application (PERM). Working remotely from different states or client locations does not negatively impact Green Card processing as long as the headquarters is designated appropriately as the primary work site.

If an employer withdraws an H-1B petition filed as a Change of Status (COS), any cap-gap protection for STEM OPT ends on October 1st. To avoid an immediate loss of legal status, an employee can request that the employer delay withdrawal slightly and process at least one paycheck after October 1st. This officially admits the employee into H-1B status, providing a 60-day grace period to find a new employer rather than falling out of status immediately.

A two-party approach requesting assistance from local Congressmen and Senators is recommended. If congressional inquiries fail, consulting a litigator to potentially threaten a lawsuit against the US Attorney's office can help compel USCIS to resolve the delay.

While widespread stops are not commonly reported, they are possible. It is best to avoid optional travel. If you must travel, carry your passport, I-94, approval notices, and proof of your ongoing status (like pay stubs or transcripts).

It is very difficult. Because the second petition (the "bridge") is failing, an approval within the US for a third employer is unlikely. You may need to travel abroad for a new visa stamp, but be aware that fraud allegations are serious and can lead to a permanent bar from the US if not cleared.

This is a common bottleneck. Have your employer contact their local congressman’s office to push for adjudication. If that fails, reaching out to a litigator to threaten a lawsuit against the US attorney's office can often resolve such delays.