Do I have to wait for H1 approval to work for another company? 2 Answers as of October 14, 2010

My current employer filed my LCA, got approval, and are going to file for my H1 sometime soon. However, I just received an employment offer from another company that I would like to take. Do I have to wait until I get H1 approval to work for this second company?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is that you can file for another H-1 within six months of accepting employment with the second employer. If you have not yet filed your H-1B application with employer number 1, you can proceed with employer no. 2 immediately, once his LCA is complete. If you have further questions, and want further consultation, by all means e-mail or call.
Answer Applies to: California
Replied: 10/14/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
It largely depends on your current status. If you are already in H-1B status with another employer, then you can start working for the petitioning employer on the basis of the receipt notice to the USCIS. Otherwise, you have to wait for the approval notice.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 10/1/2010
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