Can I Switch Internally to Another Team While My H-1B Petition is Pending in the Lottery?

Switching internally to another team within the same company while your H-1B visa petition is pending can be complex. It depends on several factors, including your current visa status, the policies of your employer, and the specifics of the new position. In this article, we will address these key points to help you navigate through the process effectively.

Current Visa Status

If you are currently on a valid visa like H-1B, you may be able to switch teams. However, this often requires that the new position is also a qualifying role for H-1B status. It's important to ensure that the new role aligns with the H-1B requirements to avoid any legal issues.

H-1B Petition

When your current employer has filed for your H-1B and it is pending, any internal transfer might complicate the process. Employers may need to file an amendment to your H-1B petition to reflect your new role. This is crucial to ensure that your visa status remains valid and unchanged.

Employer Policies

Some companies have specific policies regarding internal transfers during the H-1B lottery process. It's essential to consult with your HR department or legal team to understand the implications and potential risks of switching teams.

Timing Considerations

Since the lottery selection typically occurs in April and you are awaiting approval, it's important to be mindful of the timing of your transfer. Switching teams before your petition is approved can delay the approval process or require additional paperwork. It's best to avoid making such changes until your H-1B status is confirmed.

Advice for Current Immigrants: USCIS is not eager to issue visas for foreign workers in the current rate of unemployment. It's advisable to wait and see if your H-1B visa is approved for issuance before making any changes.

Disclaimer: While it is possible to switch teams, it's important to understand the implications and follow the proper procedures to maintain your visa status.

During this period of uncertainty, it is advisable to consult with an immigration attorney or your company’s legal counsel. They can provide personalized guidance based on your specific situation. Ensure that any changes are made with detailed planning and the involvement of your company’s legal team to get updated visa approvals before making any transitions.

Stay informed and be proactive in maintaining your H-1B visa status. Taking the right steps can help ensure a smoother transition and avoid potential legal issues.