I am on OPT now which is valid till June 2013. If my company applies for H1B and the application is pending, if I want to change my employer should I join the new employer on OPT or should I have to ask the new employer to file a new H1B petition? If the application is pending, I can still join a new employer on the existing OPT right? Please let me know.
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H1B and OPT question
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H1 will not kick in until Oct 1. Until then, you can change employers easily. However, the new employer will have to apply for cap-exempt change of status to H1 before Oct 1.
After Oct 1, you can change employer only after new employer receives H1 receipt notice.This is my opinion and not legal advice.
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Your current status continues until a decision is made on the H1 petition or until the OPT expires. You can continue doing whatever is necessary to maintain F1-OPT status until then. (working in your field of study, reporting employment to school etc.). Once in H1 status, you must maintain H1 status and that means working for the H1 sponsoring employer and that employer only.This is my opinion and not legal advice.
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