h1b applied but want to switch employer before oct 1

[mailrish]

I have a OPT-STEM extension valid till Nov 2013. My current employer has filed for H1B as of April 2012 and is still in process. I wish to change my employer. Is it possible?
1. Can I cancel the H1B before oct 1 and still use STEM till next year's H1 application?
2. If yes, does the cancellation process have to finish before oct 1? Or is it sufficient have applied for the cancellation before oct 1?
3. If cancellation is not an option, can I get a quick answer on my H1 via premium processing and switch jobs before oct 1?

Is there any other better approach to make this work for me?
Since the CAP is over I believe it has to be either a cancellation or a transfer, but I am not sure how to make it work.

[shervin143]

1. Can I cancel the H1B before oct 1 and still use STEM till next year's H1 application?
>>> You cannot cancel the H1 application. The employer will need to withdraw it if needed. It can get be successfully withdrawn only if the application is not already taken for processing by USCIS. If it is already in process then you will get a result.

2. If yes, does the cancellation process have to finish before oct 1? Or is it sufficient have applied for the cancellation before oct 1?
>>> It is better to file it as early as possible. Once the petition gets approved, your status will change to H1B and withdrawing it will not put you back into OPT.

3. If cancellation is not an option, can I get a quick answer on my H1 via premium processing and switch jobs before oct 1?
>>> Yes, that is possible.

Since the CAP is over I believe it has to be either a cancellation or a transfer, but I am not sure how to make it work.
>>> Get the H1B transferred and work for the new employer in H1B status from Oct 1st. You will need the H1B approval notice to file the transfer since your petition is filed under a new CAP.

[mailrish]

Thanks for the quick reply shervin.

If i understood right, you seem to suggest I can transfer the H1B (once it gets approved) before oct 1. But I thought that since the approved H1B comes in effect only from oct 1, it cannot be transferred before that. Correct me if I am wrong.

[shervin143]

That is correct. The petition can be transferred before Oct 1st. But the transferred petition will also be effective only after Oct 1st and you cannot work for the new employer in H1B status before Oct 1st.

Thanks for the quick reply shervin.

If i understood right, you seem to suggest I can transfer the H1B (once it gets approved) before oct 1. But I thought that since the approved H1B comes in effect only from oct 1, it cannot be transferred before that. Correct me if I am wrong.

[rahkrish85]

Hi Shervin,
If I am working on OPT with current employer(H1B approved) and if new employer files H1B transfer and if it gets approved(Say in June 13), can I start working with new employer before OCT 1st on my STEM OPT which is valid till July 2014? Or does my STEM OPT gets void once H1B is approved?

[l1btol1a]

Can we Amend pending H-1b petition for CP to Change of Status

Hi Gurus,

Please help regarding the fillowing,

One of the employer filed the H-1B as Consular Processing not PP for FY 2014 and the petition is pending with USCIS. Can we request USCIS for Change of Status while the H-1B petition pending?

Thank you

[raghvi]

Hi Gurus,

Please help regarding the fillowing,

One of the employer filed the H-1B as Consular Processing not PP for FY 2014 and the petition is pending with USCIS. Can we request USCIS for Change of Status while the H-1B petition pending?

Thank you

Please dont hijack someone else's post.

This is my opinion not legal advice.