H1B transfer right after approval

Apr 5 7 Comments

Hi Blind community,

I’m currently on OPT visa and work for company A. My H1B got picked with company A and they’re ready to file for petition. However, I’ll be leaving the company and joining another company B. I have following questions,
1. Would my H1B petition be approved if I leave company A after the petition has been filed?
2. If H1B gets approved, can my new company B request for transfer before Oct 1st of this year?
3. If transfer cannot take place before oct 1st or if it takes until oct 1st to get H1B approval, when I’m working for company B on OPT and I get H1B approval on Oct 1st with company A, would my status change to H1B on Oct 1st or would it still be OPT as I’m working with company B at that time?

Also, staying with company A is not a possibility due to several reasons. Either I lose out to on H1B lottery this year or risk applying petition (if there are any) with company A and move to company B.

I’m in a complex situation right now, any suggestions would help, thanks!

#h1b #visa #opt #workvisa

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TOP 7 Comments
  • They'll withdraw the petition if you leave before its approved, and you'll lose your place. If they don't withdraw it and it gets approved, and it's a change of status petition, you'll be essentially working illegally at company B since you're no longer on F1 OPT
    Apr 5 6