Your employer won the lottery for you and now they are not filing — what you can do, who can help, and how to save your selection
Being selected in the H-1B lottery only to have your employer refuse to file the petition is devastating. It happens more often than you think — companies lose funding, change hiring priorities, or simply decide the cost is not worth it. Here is what you need to know about your rights, whether you can transfer the selection to another employer, and what steps to take immediately.
Quick Answer: If your employer backs out after H-1B selection, you cannot transfer the selection itself to another employer — but another employer CAN file a new cap-subject petition for you before June 30 using your valid selection. Act immediately: (1) find a new employer willing to sponsor, (2) have them file I-129 before the June 30 deadline, (3) use premium processing. If no employer files by June 30, your selection expires. You have legal options if the employer's withdrawal was discriminatory or violated an employment agreement.
| Company | H-1B Filings | Can File Emergency Petition? | Typical Turnaround |
|---|---|---|---|
| Amazon | 55,150 | Yes — experienced immigration team | 2-3 weeks from offer |
| Microsoft | 34,626 | Yes — expedited for selected candidates | 2-4 weeks |
| 33,416 | Yes — can file quickly | 2-3 weeks | |
| Infosys | 32,840 | Yes — high-volume process | 1-2 weeks |
| Tata Consultancy Services | 28,950 | Yes — established pipeline | 1-2 weeks |
| Cognizant | 26,700 | Yes — can accommodate | 2-3 weeks |
| Deloitte | 18,200 | Yes — professional services process | 2-4 weeks |
| Apple | 15,800 | Yes — dedicated legal team | 2-3 weeks |
The employer has no legal obligation to file the H-1B petition. Registration and selection do not create a binding obligation for the employer to follow through with petition filing. However, if you have a signed employment agreement that specifically promises H-1B sponsorship, the employer may be in breach of contract.
The employer cannot make you pay for H-1B costs. Under INA Section 212(n)(2)(C), employers cannot require H-1B workers to pay filing fees or reimburse the company for petition costs. If the employer is backing out because they want you to pay, this may violate federal law.
Anti-discrimination protections apply. If the employer's decision is based on your national origin, citizenship status, or other protected characteristics, this may violate anti-discrimination laws. Document everything and consult an employment attorney.
Step 1: Confirm the withdrawal in writing. Ask your employer to confirm in writing that they will not file the petition. This creates a record if you need it later.
Step 2: Start searching for a new employer NOW. Time is critical. The petition filing deadline is June 30. A new employer needs time to make a hiring decision, prepare the LCA (7-10 business days), and file the I-129.
Step 3: Inform potential new employers that you are already selected. This is a significant advantage — the new employer does not need to register or enter the lottery. They simply file a petition using your valid selection.
Step 4: Consult an immigration attorney. An experienced H-1B attorney can advise on whether the new employer can file using your existing selection and help expedite the process.
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Search H-1B Sponsors on Wisa →You cannot 'transfer' the selection itself, but another employer CAN file a new cap-subject petition for you using your valid FY2027 selection. The new employer files their own I-129 with the registration confirmation number. This must be done before the June 30 filing deadline. Act immediately — every day matters.
No. Registration and lottery selection do not create a legal obligation for the employer to file. However, if you have a signed employment agreement that specifically includes H-1B sponsorship as a condition, the employer may be in breach of contract. Consult an employment attorney.
If no employer files a petition by June 30, your selection expires and you would need to re-enter the lottery in the next fiscal year. This is why acting quickly is critical. If you learn of the withdrawal in late June, the window may be too narrow for a new employer to file. Consider cap-exempt employers who can file at any time.
Potentially, depending on the circumstances. If you have a written employment agreement promising H-1B sponsorship, breach of contract claims may be viable. If the withdrawal was based on national origin or citizenship status, anti-discrimination claims under INA Section 274B may apply. Consult an immigration attorney and an employment attorney.