Change job on F1 OPT even though company has applied for H1B.

[Lambent]

I work for company A on an F1 OPT (applied for 2 year extension).  They have applied for my H1b which was selected in the lottery this year. Due to several reasons I want to change jobs and have an offer in hand from Company B. I wish to work for them on my F1 OPT. I am willing to let go of the H1B visa in this cycle. 

1. What steps should I take to switch employment? 

2. What are the risks if I start working for Company B on F1 and the H1B gets approved? Does it matter?

[pontevecchio]

First talk to your DSO as your F1 may be automatically terminated from October,1 once your H1 is approved.

[Lambent]

I see, thank you for your prompt response. Is there no way around this? I don't wish to work for employer A. 

[AKR-1617]

Hey Lambent,

Even i am in the same situation, i got my H1B picked and got an RFE working as a consultant for Company X on OPT-Extension(Still 1 Year left) and got an Full Time Opportunity with Different company and they wanted me to start before October. Even i am willing to let my H1b go, because i got to know that once after Oct-1st if my H1 starts i'll be moving to H1 status and i'll be loosing my OPT (F1) status.

Let me know if you find any solution in your case, that might be helpful.

 

Thanks,

[Lambent]

Hi,

My earlier reply never got posted it seems. Anyway, so now my old company is willing to let me have the H1 Visa. By this I mean they are not intent on withdrawing the petition. I have already resigned from my old company and will start working at the new company in 2 weeks.

1.Can the new company transfer my H1B visa before Oct 1st if it gets approved for the old company?

2. What is the H1B visa goes into RFE?