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OPT applied and H1B filed (F1-to H1B) already by company A, company B gives an offer

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  • OPT applied and H1B filed (F1-to H1B) already by company A, company B gives an offer

    Hello All,

    I am graduating in May and had applied for Post OPT to get my EAD card. I will be receiving my EAD card in a few weeks. I am currently on a F1 visa.The EAD has a start date in last week of May (to meet the start date of company A). Company A gives me a full time offer and offered visa sponsorship from F1 to H1B. I landed this offer in mid March. I accepted and Company A filed the H1B petition on April 1st under the new lottery system. I do not know if my petition has been selected in the lottery so far.

    Later Company B gave me a full time offer in mid April and offered visa sponsorship from F1 to H1B. I have told company B that I have an offer from Company A and that Company A have already filed for H1B but Company B say they are willing to do it as well. Company B can file for H1B at any time ( need not meet April 1st deadline like company A and they do not come under the 20,000 plus 65,000 CAP) because its a research organization. This is the advantage I have with Company B being able to file for H1B anytime.

    I really like Company B's offer can I ask Company B to file the another H1B petition even though Company A's H1B petition stands filed (I don't know if its been selected in the lottery as yet) ?

    Does both Company A and Company B filing H1B cause any legal issues.

    Even if the petitions of both companies are selected in the lottery they will be processed only in Oct first week till that time I will be using my OPT with EAD card to work. Is my understanding right here ?

    Scenario 1: Company A's petition is not selected in the lottery and I am in my OPT with my EAD card. Am I free to go work for Company B asking them to meanwhile file for H1B.

    Scenario 2 : Company A's petition is selected in the lottery and Company B has also filed it's H1B petition I reject Company A's offer and proceed with Company B.

    Please guide me well, I really want to take up company B's offer and want to make sure I don't get into any legal issues.

    Thanks!

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