Has anyone with H1B recently change employer (after the president proclamation)? Wonder if H1B transfer is considered a new petition and trigger that $100K clause. Any other risks for changing employer? Thanks for any insight/experience sharing.

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Yes I have received a new offer last week while on H-1B. The lawyer team were confident it is feasible without fee, and people have managed to get through with no issues (as long as h-1b was filed before the proclamation date). The issue now is gov shutdown means no transfers can be processed, and there will be a delay when it opens due to backlog. So what was a 6-8 week transfer will now stretch into Feb - April most likely

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This isn't exactly true. DOL is down, so companies can't post LCAs, but USCIS is still functioning, so H-1B filings are still possible, but only if the company already has a certified LCA for your location/position. In other words, if you're transferring into a common role at a big company HQ, then you may be OK. Otherwise, you're SOL and will have to wait for the shutdown to end.

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I've not seen any issues with filing H-1B change of employer (COE) petitions without the $100k fee. Administration statements imply the new fee will only be applicable to next year's lottery.

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F

I have several friends who have and they haven't run into issues. I hope that continues to be the case. We are truly in unprecidented times.

To say the least. Exploring in darkness (almost). Never realized I would still be concerned at this stage

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My petition with USCIS was approved without fees but outside counsel advised against visa stamping in the foreseeable future until further guidance from DOS. So technically you can transfer as long as if you’re okay with not traveling internationally for some time (maybe indefinitely).

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