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H1B Withdrawal and transfer case *Complicated*

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  • H1B Withdrawal and transfer case *Complicated*

    I am currently on F1 student Visa and my OPT will begin on June 15, 2015. I have a job offer from company A and they have filed my H1B visa on April 1st. My employment with Company A is supposed to start on June 15. Now, I have got another job offer with company B and I want to join company B instead of company A. Company B can't file my H1B application this year as it's too late. My employment with Company B is supposed to start on June 22.

    Scenario I: If my H1B petition is picked in lottery and approved by USCIS, can I still start working with company B on my OPT? In that case I will have to inform Company A that I won't be joining them latest by their joining date. In this case, company A might or might not withdraw my application in June. Can Company B still initiate transfer of my H1B and can I continue working with Company B from June 22 on OPT and on H1B after change of status on October 1st?

    Scenario II: If I inform Company A that I won't be joining them and consequently they withdraw my H1B BEFORE lottery is picked. Can I join company B on OPT with no issues? Company B has agreed to file H1B next year.

    Scenario III: If I inform Company A that I won't be joining their firm and consequently they withdraw my H1B AFTER lottery and USCIS approval. Can I join company B on OPT with no issues?

    Bottom line is that I am trying to figure out my options to join company B irrespective of the fact that I get my H1B this year or not because company B can file a new H1B next year.

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