Arlington, TX asked in Immigration Law for Texas

Q: Will I be able to work for two companies full time while I am on F1-OPT, while one of them already filed my H1B?

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2 Lawyer Answers

A: An F-1 with OPT who changes status to H-1B can only work for the H-1B petitioner/employer

James L. Arrasmith
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Answered

A: If you're on F1-OPT, you can work for multiple employers as long as all employment is related to your field of study and meets the OPT requirements. However, if one of the companies has already filed an H-1B petition for you, there are some important things to consider. The timing of the H-1B approval and the start date is critical, as it can impact your work authorization status.

Once the H-1B petition is approved and the status change is effective (usually October 1st), you are only authorized to work for the employer that filed the H-1B petition. At that point, you must stop working for any other employers, as the H-1B status is employer-specific.

To avoid any legal issues, you should carefully coordinate the timing and ensure that you are in compliance with both OPT and H-1B regulations. It’s best to consult with an immigration attorney to discuss your specific situation and ensure that all your work arrangements align with your current and future visa status. This will help you avoid any complications that could affect your status in the U.S.

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