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H1B Consular Process: Switching Employers Before Visa Activation—Seeking Legal Advice
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Hey everyone, I’m looking for some advice on my current work situation.

I joined a consulting company back in July 2024. Initially, they were helping me get contract (C2C) roles through their marketing team, creating experience docs, and all that. They had a person focused on marketing until October, but despite a few months, I didn’t land any interviews or offers. Maybe it was the job market, or they weren’t putting in 100%.

At the same time, I’ve been working for a real client project through them, earning $2000/month. It’s been a genuine experience, and honestly, I’ve learned a lot and feel like I’m actually growing in my field. Working on this project has shown me that I want to focus on legit, full-time roles rather than contract work. When I started in July, I thought C2C was fine, but now I feel like full-time is the way to go for me.

Here’s where it gets tricky: they filed an H1B for me, and it got selected. I opted for the consular process to stay on my STEM OPT for tax reasons. Now that they’ve said they won’t do any more marketing for contract jobs, I’m thinking of just looking for a full-time W2 position instead.

So, I have a few questions:

  1. With my H1B approved (I-797B via consular process), can I still change companies without affecting my H1B status?

  2. Would I need to go through the lottery again if I switch to a different company?

  3. How should I approach leaving this consulting company? We have family connections, so I want to avoid any bad blood, but I feel this isn’t the path for me anymore.

Any advice on how to navigate this would be super helpful. Thanks in advance!

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1 week ago