- Dataneb Team
- May 2
- 6 min read
This year was one of those life-defining moments for me. After years of trying — and missing out — I finally got selected in the H1B lottery. For a lot of us working on OPT, STEM OPT, or even waiting outside the U.S. for a shot, getting picked in the lottery feels like winning the visa jackpot.
But just a few weeks after that moment of celebration, I got hit with a curveball.
The project my employer had planned to place me on — the one they referenced when registering me for the lottery — was suddenly changed. Client priorities shifted, the timeline got pushed out, and next thing I knew, I was left wondering:
Can I still get my H1B petition filed now that my original project is no longer available?
If you’re in the same boat — trust me, I get it. The stress, the confusion, and the fear of losing your one chance at an H1B can be overwhelming. So I decided to dig deep, talk to attorneys, research USCIS guidance, and figure out what’s really possible when your project changes after lottery selection.
Here’s everything I learned, and what I’m doing to move forward — hopefully, it helps you too.
1. The H1B Lottery Is Just Step One — The Real Work Starts After That
Let’s clarify one thing right away: Getting picked in the lottery is NOT a visa approval. It’s not even a visa petition. What it really means is this: USCIS has reserved a place for you to submit a petition during this fiscal year. That’s it.
The actual H1B approval depends on the strength of your petition, and that includes detailed information about:
Your employer
Your job role
Your qualifications
And most importantly, the availability of real work in a specialty occupation
So yes — the project you were originally assigned to does matter. But if that changes, it doesn't automatically disqualify you, as long as your employer still has a legitimate H1B-worthy job for you.
2. USCIS Doesn’t Track Projects from the Lottery Stage
During the H1B registration (lottery) phase, very little information is actually submitted to USCIS. The registration includes basic employer details, your name, and whether you qualify for the advanced degree cap. That’s it.
There’s no requirement to specify your project, client, or job location at this stage.
This means that even if your project changed between the time of registration and petition filing, USCIS won’t know — and more importantly, they don’t care, as long as your petition meets all legal and documentary requirements.
So yes, your project can change. Your employer can assign you to a different project, a new client, or even an internal role.
But here’s the catch…
3. Your Petition Still Has to Prove Real, Qualifying Work
USCIS is very strict when it comes to speculative employment. This means your petition cannot just say, “We’ll place this person somewhere eventually.” You need to show that a real job is available and that it meets the H1B eligibility requirements.
Your employer will need to submit:
A valid Labor Condition Application (LCA) matching the new job location and title
Detailed job duties
Evidence that the job requires a bachelor’s degree or higher in a relevant field
Proof that the employer controls the terms of your employment (especially in third-party placements)
If your new project checks all those boxes, then you can file your petition with updated documentation. In fact, many employers do this all the time — it’s common in the consulting world where projects shift frequently.
4. What If There’s No Project at All Right Now?
This is where things get tricky.
If your employer currently doesn’t have a new project for you, and they try to file your petition anyway without providing real work, you could run into problems. Here’s what USCIS might do:
Issue an RFE (Request for Evidence) asking for client letters, project details, and timelines
Reject your petition for being speculative or lacking valid work arrangements
Deny your case for failure to establish an employer-employee relationship
Unfortunately, in recent years, USCIS has scrutinized these types of cases more aggressively, especially after the 2010 Neufeld Memo that laid out strict documentation guidelines for third-party placements.
That doesn’t mean all hope is lost.
Some employers prepare in-house projects or training plans to justify the H1B filing. But these have to be well-documented and clearly show:
How does the work tie to your degree
How your employer supervises and pays you
That the work is not just "on paper" but actually exists
An experienced immigration attorney can help structure such a petition to minimize risk.
5. How My Employer Handled It
In my case, once I learned that the original client project had been pushed back, I immediately brought it up with my HR and immigration team. Here’s what happened next:
They reassigned me to a different internal project that needed developers with my background.
They updated the job description and location in the new LCA.
They made sure all documents — including the Statement of Work, org chart, supervision model, and training plan — reflected this new assignment.
They involved their immigration attorney to fine-tune the petition language and ensure full compliance.
Yes, it was stressful. Yes, it took time. But in the end, we were still able to file my petition before the deadline.
6. Key Documents That Matter (When Your Project Changes)
If you’re facing a similar project change, make sure your employer gathers the right paperwork. Here’s a checklist of documents that typically help in such cases:
New LCA: It should reflect the updated location, salary, and role.
Detailed Job Description: Must clearly show how the job qualifies as a specialty occupation.
Degree Mapping: Show how your educational background aligns with the new role.
Supervision Model: Especially important for third-party clients — who supervises your work?
Client Letter or SOW (if available): These should state that you're needed, what your duties are, and how long the project lasts.
Timesheets or Past Performance (for internal projects): Prove that it’s real work and not just a placeholder.
7. The Importance of Timing
Remember, USCIS usually gives a window of 90 days after lottery results (April to June) to file your petition. That means time is critical. If your project changed or fell through, don’t wait and hope for a new one to magically appear. Work proactively with your employer to:
Find alternate projects
Update paperwork
Consult with attorneys
Even if the new project is starting a few weeks after the petition is filed, that’s usually okay, as long as there’s proof of upcoming work.
8. Can I Switch Employers After Lottery Selection?
This question comes up often, especially when people lose confidence in their current employer’s ability to file on time.
Unfortunately, you cannot transfer your lottery selection to another employer. The petition must be filed by the employer who submitted your registration.
If that employer fails to file, your selection is gone — you’ll have to try again next year.
That’s why communication and trust with your sponsoring employer are so important during this phase.
9. Tips If You're In the Same Situation
Here are a few tips I learned along the way:
Don’t assume it’s over if your project changes — there’s often still a way to file.
Ask direct questions to your HR or attorney: “Is there another qualifying role available?” “Can we update the LCA?”
Don’t rely on verbal promises — everything USCIS cares about must be in writing and backed by documents.
Push for a timely filing — don’t let the lottery spot go to waste.
Stay informed — USCIS policies change often, so make sure your employer’s attorney is up-to-date.
10. Final Thoughts
The H1B process is complex — and honestly, a little cruel. You get selected in the lottery and think you’ve crossed the biggest hurdle, only to find out that your actual approval depends on dozens of moving pieces. But here's the silver lining:
A changed project doesn’t mean the end of your H1B journey.
If your employer is committed and there’s real work available, you absolutely can still file a successful petition. It just takes coordination, paperwork, and patience.
I’m sharing my story not just as someone who went through it, but as someone who nearly gave up before realizing there was still a path forward.
To everyone else waiting in this uncertain space: hang in there. You’ve got this.
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