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Doubts regarding OPT and H1-b

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  • Doubts regarding OPT and H1-b

    Hi Everyone,
    I am currently working company X on my OPT, and
    i have got approved my H1 2 days back with Company Y.

    Can i continue working with X until i find a project through Y(consulting company)?

    Is it legal to work thru X on my OPT even though i got approved my H1 with Y?

    Please clarify my doubts!! help would be greatly appreciated!!!
    please guide me in the right and legal path...

  • #2
    Once h1 starts, you should work for the employer who filed your H1 and your OPT becomes void when H1 starts.
    Note that this is not a legal advice. Consult your immigration attorney for the best upto-date information.


    • #3
      If your I797 approval form came with a new I-94 attached then your status has already been changed to H1 from F1. Your OPT is no more valid and your H1 status has taken over. You cannot work with X or for that matter with anyone other than Y.


      • #4
        Is there a grace period to switch from OPT to H1-B visa ?


        • #5
          there's nothing like grace period.
          if your approved H1 comes with COS(new I-94)--you are by default on H1 from the start date
          if NO to above situation--- you are on OPT