Wrong Employer Filed H-1B

Someone on F1 STEM OPT just got a full-time job offer from a good company—let’s call it Company A. But around the same time, their H-1B got picked in the lottery… through a tech consulting firm, not Company A.

Now it’s messy.

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The consulting firm filed the H-1B, not the company that actually wants to hire. And that’s causing a lot of confusion—because the job offer they want to accept isn’t connected to the H-1B.

There’s this thing people keep reading online—about “H-1B transfers.” But here’s the catch: an H-1B can only be transferred after it gets approved. Just getting picked in the lottery doesn’t mean it can be moved.

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So right now, the only choice is to wait for that H-1B to get approved by USCIS. Only then can another company, like Company A, try to take over and file a new petition based on that approval.

There’s also something called consular processing—but that’s not always ideal when already in the U.S. It can mean leaving the country, attending an interview, and hoping everything goes smoothly.

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The real worry here? What if the consulting firm doesn’t have a proper project lined up? That could lead to delays or even a denial.

And by then, the full-time offer might not be on the table anymore. Many companies don’t want to deal with mid-year filings or risks after lottery season is over.

This kind of situation puts people in a tough spot. After doing everything right—graduating, getting OPT, landing a full-time offer—it still feels like walking a tightrope.




The system leaves little room for change or second chances. One lottery, one filing, and the rest hangs in the balance.