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Job switch during H1B visa process

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  • raghvi
    replied
    Was H1 applied as COS? Are you planning to work with the new employer on F1 OPT or on H1?

    If applied as COS, and approved you must work with the employer who initially filed the H1.

    To avoid this, either, you should expedite the current approval process (by doing premium processing) and file a transfer petition to the new employer (again as premium) and get it approved before H1 start date 01-Oct-2014.
    OR
    Leave US before the approval, while outside US, the next employer files a transfer petition, you go for stamping with new employer's approved H1 petition and return on new H1 stamp of new employer.

    This is my opinion not legal advice.

    Leave a comment:


  • devitaur
    replied
    Originally posted by devitaur View Post
    Thank you for your reply. But If I join the new company before the H1B approval, there are possibilities that my H1B application can be revoked by my current employer ? Won't that be the case?
    Experts any guidance please !

    Leave a comment:


  • devitaur
    replied
    Originally posted by kadkhiq81 View Post
    You can continue maintain your F1 status and you can work for that new company using your OTP status. Once your H1 approved, you can apply change of status/transfer to your new employer.

    This is my opinion.
    Thank you for your reply. But If I join the new company before the H1B approval, there are possibilities that my H1B application can be revoked by my current employer ? Won't that be the case?

    Leave a comment:


  • kadkhiq81
    replied
    Job switch during H1B visa process

    You can continue maintain your F1 status and you can work for that new company using your OTP status. Once your H1 approved, you can apply change of status/transfer to your new employer.

    This is my opinion.

    Leave a comment:


  • devitaur
    started a topic Job switch during H1B visa process

    Job switch during H1B visa process

    Hi,

    I am currently on F1 visa valid till Nov 2014. I have applied for H1B this April 2014 through regular processing. In the meantime, I got a job offer from other company, so do I have to wait till my H1B is approved to switch to another company. I am worried as the new company wouldn't wait for longer till H1B approval. So, do I need to expedite the H1 process or I can join the company with my F1 Visa itself , in the latter case what would happen to my H1B?

    Please guide me.

    Thanks.
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