Pocatello, ID asked in Immigration Law for Utah

Q: What are the consequences of changing my employer with a pending / approved H1B petition?


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?

Related Topics:
1 Lawyer Answer
Shan Dimitris Potts
Shan Dimitris Potts
  • Immigration Law Lawyer
  • Glendale, CA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.