What if the H-1B employees circumstances change?
As long as the employee continues to provide H-1B services for a U.S. employer, most changes will not mean that an individual is out of status. S/he may change employers without affecting status, but the new employer must file a new I-129 petition for the individual before s/he begins working for the new employer. The merger or sale of an H-1B employer’s business will not affect the employee’s status in many instances. However, if the change means that the employee is working in a capacity other than the specialty occupation for which they petitioned, a new petition must be filed.
As long as the employee continues to provide H-1B services for a U.S. employer, most changes will not mean that an individual is out of status. S/he may change employers without affecting status, but the new employer must file a new I-129 petition for the individual before s/he begins working for the new employer. The merger or sale of an H-1B employer’s business will not affect the employee’s status in many instances. However, if the change means that the employee is working in a capacity other than the specialty occupation for which they petitioned, a new petition must be filed.
