H1b RFE responded but want to change employer


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Posted

I am on STEM OPT valid until 2019. My current employer has filed for my H1 and it went under RFE which they responded on Oct 10 2017. 

I have got a Full time opportunity and want to accept their offer since I am on valid OPT. Will resigning my current employer automatically revoke h1b petition filed. Since they are not willing to withdraw the petition and I am no longer willing to work for them since I am on bench for 3 months.

I am not worried to let go my H1 since I have GC under process. Please help!!

Posted

If you no longer work there, the employer by law has to inform USCIS about it, which will result in the H1 being denied.

If they don't inform USCIS, they would have to pay you as soon as the H1 gets approved. No sane employer would risk that.

Posted

You can leave the country and return on your F1 visa which will automatically nullify the COS to H1 and hence you are out of the loop. Make sure about the status of your SEVIS with your DSO as a matter of extreme urgency.

Posted
7 hours ago, pontevecchio said:

You can leave the country and return on your F1 visa which will automatically nullify the COS to H1 and hence you are out of the loop. Make sure about the status of your SEVIS with your DSO as a matter of extreme urgency.

With I-20 of new employer and valid F1 visa, can I re enter US? Will it nullify my H1 COS if approved? If not approved will I still be on valid STEM OPT?

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