Change job on f1-opt even though company has applied for h1b

[Lambent]

Hello,

I am in a bit of a situation here and would appreciate any help regarding this matter:

I work for company A on an F1 OPT (applied for 2 year extension). They have applied for my H1b which was selected in the lottery this year. Due to several reasons I want to change jobs and have an offer in hand from Company B. I wish to work for them on my F1 OPT. I am willing to let go of the H1B visa in this cycle.

1. What steps should I take to switch employment?

2. What are the risks if I start working for Company B on F1 and the H1B gets approved? Does it matter?

[raghvi]

Hello,

I am in a bit of a situation here and would appreciate any help regarding this matter:

I work for company A on an F1 OPT (applied for 2 year extension). They have applied for my H1b which was selected in the lottery this year. Due to several reasons I want to change jobs and have an offer in hand from Company B. I wish to work for them on my F1 OPT. I am willing to let go of the H1B visa in this cycle.

1. What steps should I take to switch employment?

2. What are the risks if I start working for Company B on F1 and the H1B gets approved? Does it matter?

The first thing to find out is if H1 was filed as COS. If yes, then upon approval you automatically would move to H1 status (01-Oct-2017 if approval happens before 01-Oct-2017 or as of date of approval if approval happens after 01-Oct-2017), and you must work and get paid by H1 employer.

The two ways to avoid the automatic COS conversion is if employer files an amendment before H1 approval OR you leave US before H1 approval and re turn to US on your valid F1 visa.

This is my opinion not legal advice.