Transfer to a different company before H1B begins?


AR123

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Hi,

I am currently on my OPT extension (valid until June 2014) and I recently got my H1B approved beginning Oct 1, 2013. I wish to change jobs now. If I get a job before Oct 1, what are my options? Can my new employer get a change of H1B for me or should I reapply again next year while being on OPT? Or should I change jobs only after Oct 1?

Thank you!

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There are risks associated with filing a change of employer petition before the change of status to H1B begins on October 1. USCIS may determine that the beneficiary never intended to work for the original H1B employer and USCIS may issue a notice of intent to revoke the original petition. If revocation occurs, the beneficiary would no longer be counted against the H1B cap and may not be eligible for an H1B through another employer. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the risks involved with changing employers.

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Thanks for your response, Attorney_20! I did not yet start looking for jobs; but wanted to know what the issue would be in case I did switch jobs. I guess the best thing for me to do now is that I should wait atleast until October to switch jobs, is that correct?

Thank you, again!

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