FAQ: What If My Current Employer Refuses to Sponsor My H1B Lottery?
In 2025, many foreign workers in the U.S. face a common challenge: their employer refuses to sponsor their H-1B work visa application. If you’re currently working at Kruise Inc but your employer won’t support your H-1B lottery application, what options do you have?
Atomeocean can help you solve this problem.
Solution
Atomeocean’s U.S. operating company can provide you with an Employment Offer and file an H-1B petition on your behalf. This means that even if your current employer refuses to sponsor your H-1B, you can still participate in the H-1B lottery through Atomeocean.
Employment Offer
An employment offer represents a mutual intent between an employee and any employer and does not constitute an actual employment relationship. For example, if Xu Jingyi has employment offers from Microsoft, Amazon, Atomeocean, and Meta, it does not mean he is employed by all these companies simultaneously.
Frequently Asked Questions
I’m currently employed at Kruise Inc. Will there be any issues if I apply for the H1B lottery through Atomeocean?
No, there are no issues. Atomeocean’s role in your H-1B application is solely to provide an employment offer for the lottery process. This does not create an actual employment relationship, so it will not affect your current employment status at Kruise Inc.
What Happens If I Win the H1B Lottery Through Atomeocean?
If Atomeocean wins the H1B lottery for me, does that mean I’ll be working for two employers in the U.S.?
No. Until the H1B is activated under Atomeocean, you remain solely an employee of Kruise Inc. Your relationship with Atomeocean is based on an employment offer, not an actual employment arrangement.
Do I need to leave Kruise Inc immediately after winning the H1B lottery through Atomeocean?
No. You can continue working at Kruise Inc until the H1B under Atomeocean is activated.
For example, if you’re notified on April 1, 2025, that Atomeocean has secured an H1B for you, but the activation date is still six months away, your immigration status (OPT/CPT/F1/H4, etc.) remains unchanged, and you can keep working at Kruise Inc.
Which employer is listed as the sponsor in the H1B application?
Atomeocean’s U.S. company is listed as the employer in the H1B petition because USCIS requires a valid employment offer for H1B sponsorship. Atomeocean provides this offer, so the application is filed under Atomeocean’s name.
Does this mean I have to leave Kruise Inc immediately?
Absolutely not. An employment offer does not create an actual employment relationship, so you can continue working at Kruise Inc.
When can I transfer my H1B from Atomeocean back to Kruise Inc?
According to USCIS regulations and Atomeocean’s operational experience, you can initiate an H1B transfer to Kruise Inc as soon as you receive the H1B approval notice (Form I-797).
Do I need to wait until Atomeocean’s H1B is activated?
No. Once your H1B is approved (as evidenced by the I-797), you can proceed with the H1B transfer.
After Atomeocean’s H1B is activated, will having multiple employers cause legal issues?
No. Your status at Kruise Inc remains non-H1B (e.g., OPT/CPT/F1), while Atomeocean’s sponsorship is H1B-based. There is no conflict.
After Atomeocean’s H1B is activated, do I need to start working for Atomeocean? What about paystubs and work requirements?
Yes, you would technically need to "join" Atomeocean. However, to minimize complications, we recommend activating the H1B abroad to delay the actual onboarding date.
If you choose domestic activation, we strongly advise against waiting until October 1 (the standard H1B activation date). Instead, file an H1B transfer to Kruise Inc between June 30 and September 30—after approval but before activation.
Do I need to resign from Kruise Inc before joining Atomeocean?
No. Refer to the explanation above about dual employment. If you remain employed at Kruise Inc, the standard process is to file an H1B transfer back to Kruise between July and September.
When would I need actual paystubs or work records from Atomeocean?
Only if both of the following apply:
- Your H1B has been activated under Atomeocean.
- You have no other employer to transfer the H1B to (e.g., you left Kruise Inc and are job hunting).
In such cases, Atomeocean can provide lightweight employment to maintain your H1B status. This guide focuses on scenarios where the primary employer refuses to sponsor the H1B initially.
How do I transfer my H1B back to Kruise Inc after activation?
Coordinate with Kruise Inc’s immigration or legal team to file an H1B transfer petition.
Q: Is there a difference between domestic and overseas activation for H1B transfers?
A: The transfer process is identical. The only difference is that overseas activation requires leaving the U.S. to obtain an H1B visa stamp at a consulate.
Q: Why would Kruise Inc allow an H1B transfer but refuse to sponsor the initial lottery?
A: H1B transfers and initial sponsorships have different implications for employers:
- H1B Transfer
- The employee already has H1B status, so the employer assumes legal obligations to maintain compliance.
- The company is "receiving" an existing H1B, which aligns with standard employment practices.
- H1B Lottery Sponsorship
- The employee lacks H1B status initially, so sponsorship is an optional benefit, not a legal requirement.
- Employers can continue hiring the employee under OPT/CPT/etc. without H1B sponsorship.
- U.S. labor laws do not mandate employers to sponsor H1B lotteries, and policies can vary or change at any time.
U.S. Labor Law Trivia
Companies can adjust benefits freely. For example, a company may advertise "free lunches" but later charge $20 per meal—this is legal. Similarly, an employer may offer H1B sponsorship as a perk but later exclude certain employees without violating laws.
Notes
- "Kruise Inc" is a fictional company name for illustrative purposes.
- This guide only addresses scenarios where U.S. employers refuse to sponsor H1B applications.
