H1B situation

Deloitte marvel_cap
Jun 9 11 Comments

Hello,

I graduated with a STEM degree in 2018 and joined a company (a) in July 2018 on OPT. They applied for my H1B in April 2019. Meanwhile, I got a job from a very good company. I changed jobs on May 20. I have applied for OPT extension through new employer. Now my question is

1. if my previous employer Does not withdraw my h1 and it gets approved. What are my options?

2. Since I am not employed with company a anymore. Can I continue to work with company b on f1? Will the h1 stand invalid then?

3. I am planning to travel to India in dec for my wedding, will that be a feasible option?

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TOP 11 Comments
  • Credit Karma SJFF76
    Good questions for immigration lawyer
    Jun 9 1
    • Deloitte marvel_cap
      OP
      I am trying to get in touch with immigration layers. Asking here to see if anyone with a similar experience can help
      Jun 9
  • Comcast G0ku
    Just shell out $40 for a phone call or some site like avvo
    Jun 9 0
  • Facebook / Strategy miikescott
    I’m not certain, but I think you’d be in deep shit, if your ‘now worthless’ H1B gets selected.
    What is do know for sure is that -
    1. If selected, you gotta get a status change from OPT to H1B and get stamping done.
    2. H1B is tied to a company and can only be activated when you’re employed there. Then after you can transfer it another company. You should’ve stayed till Oct in company A before making the move.

    Good luck!
    Jun 9 0
  • Credit Karma SJFF76
    I would not trust anybody on an anonymous forum with such important matters
    Jun 9 0
  • Zendesk / Eng F->Respect
    1) legally they should. If they don't and it's approved(cos) you can only work for A.
    2) after COS you will longer be on F1.

    In short, if it COS and you have no plans of going back to A ask them to withdraw.

    Faced similar thing last year. Had to withdraw
    Jun 9 3
    • Deloitte marvel_cap
      OP
      I will ask them to. What are the chances that they will?
      Jun 9
    • Facebook / Strategy miikescott
      People here can’t tell you the chances. I don’t know if you’re seeking comforting assurances from here, but you should either discuss this with your ex company/immigration firm they hired, or consultant an attorney.
      Jun 9
    • Zendesk / Eng F->Respect
      Consult with your company B lawyer and ask them if they can do something if H1 gets approved. Legally A should withdraw the petition as you are no longer with them. They will withdraw it if you ask them.
      Jun 9
  • GoDaddy / Eng tctctc
    You probably switched jobs at the wrong time. Your previous employer has a right to withdraw your h-1b petition, but as everyone here said- it’s a good question for the lawyers. You can continue working on your F1 visa though. If you’re on f1, feel free to go to India as long as you have a valid EAD card.
    Jun 9 0
  • Compass KeXR56
    Why did you change jobs when your h1 was not approved? IMHO this is a huge risk, given the political climate. My advise to you would be to apply for a Canadian PR just in case.
    Jun 9 0