Switching jobs on F1 Visa when H1b is applied ( not approved yet)
Really need help from the community on this one. I am on F1 OPT working for employer A, employer A has applied for my h1b visa( still under process , not approved yet) I received offer for my dream job from employer B. When is the earliest I can move to employer B without having to withdraw my h1b application ? (Considering I don’t get a RFE).
I was like you last year, I consulted a lawyer, they said wait till oct 1st and then if you have approval then move, If you move now, USCIS case officer has a right to question like “this Employer A H1B didn’t even started, so it’s not eligible to transfer to new employer. He also said, some cases like this were approved in past, but to be in safe zone please stay there till oct 1st. That’s what I did.
If you get approved for h1b then new company can apply for transfer on 1st October in premium processing so you can join somewhere around mid October. You should talk with new company's immigration dept and mostly they will tell you the same thing.
I read online that once it is approved, I can immediately start working (even before 1st October ) at the new company and simultaneously they can apply for h1b transfer. Is that also the case ?
No you cannot! Why do you want to believe on something that someone wrote on some online forum? If you already have new offer then just talk with them about you situation and I'm sure if it's a big company then they would wait till October.
Assuming your visa is picked in the lottery, you can move employer B from Oct 1 porting your H1 to that employer
Can I move immediately on October 1, or only after transfer is processed ?
Assuming that you get your H1 approved, your status changes to H1 on Oct 1st. The new employer can file for a transfer on Oct 1st in premium. You will again have an approved petition from the new employer by Oct 15. Join them then.
You can transfer companies on a valid F1 visa is it not? Even if your H1B gets rejected, you are still on a valid F1 visa. You could move to the new company and they could petition for your H1B visa next year, provided you are eligible for the same next year. However, if Co. B is willing to wait, that would be your best option. You would not lose one H1B cycle. I hope you wre aware however, that H1B transfers are also getting rejected these days. So, its not that, if your H1B is approved at Co. A and you try premium processing, you Will for sure, be able to get a transfer. A transfer can get rejected at that stage too. Of course, you might then have to fall back on your F1 for transfer then. In either case, I would recommend you to contact an attorney. For sure, if you are keen on your dream job, it is worth spending on an attorney. Meanwhile, could you please share your education background and work profile in Co. B?
If H1b applies by empower A approved then after oct 1st OPs f1 opt will automatically cancels, that’s the worst situation.
Problem is not changing the job on F1 visa. Problem will arise if OP changes job and then their visa gets approved from old company. In that case USCIS may revoke H1B as OP would be employee of different company than the one which sponsored the visa and since H1B is started from 1st October F1 would not be valid anymore. That way person goes out of status and has to leave USA.
kind of in a similar situation. OP, what decision did you take??
Do premium process for H1B usually it’s take less than 15 days for approval
No premium processing for h1b this year