Q: What are the consequences of changing my employer with a pending / approved H1B petition?
Hi,
I am an international student on F1 visa and I will be starting my OPT on 1st July, 2016.
I have an offer from company A and they are keen to apply for my H1B visa this April. However, suppose I get an offer from company B in the next few months and my H1B petition with company A gets approved, I wanted to know if I would be able to transfer H1B from company A to company B? In case company A is unwilling to transfer the H1B to company B, would it be possible to start my employment with company B on OPT?
A:
Yes you may be able to transfer the H1B, if company B agrees to file your H1B as well. Although it might be a bit too early to file it because you would not have three or more payslips to attach. And yes you can work on OPT for company B if company A does not work out. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.
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