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Change of Company before H1 is approved

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  • Change of Company before H1 is approved

    Hello, I am on F1 visa right now (Graduated in August 2012). My OPT expires in August 2013. I recently applied for H1 in April 2013, and I am waiting for approval. Can I change my company and switch to new company before my H1 is approved and then do transfer process before August (before end of my OPT)?
    Or do I have to wait till my H1 get approved and then switch to new company? My company also in financial problem and in worst case, they might close down in 2-3 months. Please help.

  • #2
    Another employer can file a cap-exempt petition for you, but whether USCIS will require the first petition to be approved or not cannot be predicted. Since your work authorization until Sep 30 is based on OPT (assuming you get cap-gap from your school's DSO), you can certainly join the new employer until then.
    This is my opinion and not legal advice.

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