If you were selected in the H1B visa lottery, you are notified with a USCIS Form I-797C, Notice of Action. The notice of action details the company and employee details. It also contains other helpful information for the H1B petition process. In some cases, the situation with the company or employee has changed. We discuss the transferability of the H1B lottery selection to another employer or employee here.
Is an H1B lottery selection transferable to another employer or employee?
When a lottery selection is granted, USCIS issues an I-797C Notice of Action. The notice of action indicates the lottery selection as well as other helpful information that must be followed closely. The registration also includes the name of the company/employer as well as the employee that was entered in the lottery.
The registration is ONLY valid for the employer/petitioner listed on the I-797C. The employer cannot be substituted and the registration cannot be transferred to another employer. In addition, the registration is ONLY valid for the employee listed on the I-797C. The employee cannot be substituted and the registration cannot be transferred to another employee.
Any petition filed by a company not listed on the selection notice will be denied or rejected. In addition, any petition filed for a beneficiary not listed on the selection notice with be denied or rejected.
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