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  • H1B and OPT question

    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.

  • #2
    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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    • #3
      Does that mean, once I apply for H1B , I lose my OPT status? and any new employment has to start on H1B only? Thanks.

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      • #4
        Yes, your F1 status and OPT will end on the H1 effective date (Oct 1) once change of status to H1 is approved.
        This is my opinion and not legal advice.

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        • #5
          What if H1B is not approved? and can I ask my employer to cancel the petition? and what if the petition is not cancelled? H1B is still approved if I am out of job while the application is pending? Thanks.

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          • #6
            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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