Can I change employer while H-1B petition is pending? I am currently in the US on F1?

New qGQX24
Apr 25 14 Comments

I am currently on f1 Visa and graduating in May.
I have an offer from a company A and It has filed my H1B this April.
Now I got a good offer for employer B which I want to accept.
I Am ready to withdrawn H1b from current employer. My new employer B ready to file H1B for me next year.
Can employer A withdraw my application and what can be the consequences of that? Will this affect my F1/OPT status?

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TOP 14 Comments
  • Autodesk sodjdjekrm
    If youre ok with taking chances against lottery again next year, you should be fine with withdrawing
    Apr 25 6
    • New qGQX24
      OP
      What happens if company A did not withdraw the application of H1B at all and It got approved. Does that will affect my F1/OPT status or next year filing of H1B by company b?
      Apr 26
    • It doesn't affect your OPT but you missed a chance at the lottery. If you have a master's your odds of losing the lottery three times of about 20% but the odds of losing twice is 35% so you're creating a 15% higher chance of having to leave the United States.
      Apr 26
    • New qGQX24
      OP
      If my Employer A does not withdraw H1B then from October 1, I will be in H1B, right? And since I joined employer B and not employer A, I will be out of status and go home. Is that right?
      Apr 26
    • You will want to confirm with the lawyers but my understanding is the h1b does not invalidate your OPT unless you activate the h1b.

      But think seriously about missing out on a lottery opportunity.
      Apr 26
    • New qGQX24
      OP
      Thanks, man.
      Apr 26
  • Microsoft / Eng
    Blissey

    Microsoft Eng

    PRE
    Microsoft
    Blisseymore
    Just realize your odds of winning the H1B lottery is 32%. So when does your F1 expire?
    Apr 26 1
    • New qGQX24
      OP
      I have my EAD expires in May 2020 and can have OPT STEM extension for another two years.
      Apr 26
  • Veritas / Strategy xWfa06
    No need to withdraw and no impact on F1/ OPT if withdrawn except probably your relationship with employer A
    Apr 25 1
    • New qGQX24
      OP
      What you mean by " probably your relationship with employer A"?
      Apr 26
  • Veritas / Strategy xWfa06
    Why withdraw? Just file next year. And agree on fact since everything is a lottery.
    Apr 25 1
    • New qGQX24
      OP
      I want to withdraw just with the fact that I wanted to join Company B and they give me a really good offer.
      Apr 26
  • VMware scrdby IRS
    You, my friend, are a deepshit
    Join company A, give it a year for common courtesy and then move to B.
    Unless A is Amazon or somesuch 😜
    Apr 26 0