The transfer was filed, premium processing was requested, and approval was obtained. Everything appeared to be set for a smooth job transition.
But before the start date of the new job, something happened unexpectedly. The current employer offered a promotion and a raise—a twist that changed everything.
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Now the question is whether or not the current employer can apply for an H-1B amendment, even though the relocation to the new company is already approved. The answer hinges on one simple thing: did the relocation to the new company begin yet?
As long as the employee has not started working for the new employer yet and is still on the payroll of the old employer, the original H-1B petitioner is in control. This would be that the new firm can file an amendment for the new job.
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This situation is not as rare as it may seem to be. However, few people know that a successful transfer doesn’t necessarily cancel out the existing visa status—it’s the switching of employment itself that triggers it.
In this case, the clock hasn’t started on the new position yet. That creates some room for the current company to act, modify the position by amendment, and carry on without break.
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It’s a reminder that until the new desk’s first day, the original H-1B still holds. Choices can be altered—even after authorization—if the documents are completed early and in the proper manner.
