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On E-3 right now, change employers during H-1B petition??

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  • On E-3 right now, change employers during H-1B petition??

    Hi Everyone,

    Looking for some advice as soon as I can, hope someone can help!

    Here's the story:
    1. I'm currently on an E-3 visa, expires June 2022.
    2. Today, my employer notified me that they're preparing a H-1B petition for me and will file between Mar 9 to Mar 25.
    3. However, I'm looking to leave the firm and actively interviewing right now. Chances are I'll be gone by Oct 1.

    Here is my problem:
    Part of me wants to stay on the E-3 because it's easier to switch employers (I can just do a visa run and get a new E-3 with a new employer, it is also significantly cheaper for employers to do E-3 sponsorship). E-3 is technically "nonimmigrant intent", so I'm afraid that if current employer files the H-1B petition, then I quit, then new employer tries to file an E-3, USCIS will see that I have immigrant intent and reject me since they see the H-1B petition.

    What should I do? Does anyone have any intel on this? Would appreciate any insight!!

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