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?
- 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.
- 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
- GoDaddy / Eng tctctcYou 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.