Stream Change/H1-b withdrawal

[Vickie]

Hello, I’m F-1 student working on my opt my employer sponsored H-1b but it is still pending,they submitted my RFE response 2 days earlier but I want to change to different stream. Can I transfer my H1 from one stream to other stream after H1b approval or at this point can I drop my H1b petition irrespective of my employer agreed/disagreed

[JoeF]

What do you mean by "stream"?

The H1 is the employer's petition. You can't drop it, only the employer can. And nothing can be transferred until it is approved.

[Vickie]

Stream means different field for example chemical to IT , if my employer drop petition before approval does it effect my status or should I wait till it gets approved so that I can transfer H1 later 

[The Other Guy]

If your academics background is in chemistry and your H1 petition is for IT job, i would not be surprised if you get a RFE.

 

Why would you switch from a job in chemistry and go to IT ?  I wish i had a degree in chemistry and H1B on chemistry related job.

 

[Vickie]

I’m working as a chemical analyst,my RFE is all about Level 1 wage but now I’m on opt if my employer drops H1b does it effect my status change

[JoeF]

On 12/24/2017 at 7:47 PM, Vickie said:

Stream means different field for example chemical to IT , if my employer drop petition before approval does it effect my status or should I wait till it gets approved so that I can transfer H1 later 

On OPT, you can only work in your field of study.

For an H1, the job has to require at least a 4-year college degree and the applicant has to have that degree. You can not change to another field unless you have the required degree. You would have to have a CS degree to be able to change to IT.

If the H1 is withdrawn, you would stay in whatever status you are currently in, like F1, until your OPT expires.

If the H1 is approved, you have to start working for the employer on the H1 before another employer can file a new H1 as a transfer for you. The H1 rules as mentioned above apply, do you could only change to IT if you have a degree in CS.

[Vickie]

16 hours ago, JoeF said:

On OPT, you can only work in your field of study.

For an H1, the job has to require at least a 4-year college degree and the applicant has to have that degree. You can not change to another field unless you have the required degree. You would have to have a CS degree to be able to change to IT.

If the H1 is withdrawn, you would stay in whatever status you are currently in, like F1, until your OPT expires.

If the H1 is approved, you have to start working for the employer on the H1 before another employer can file a new H1 as a transfer for you. The H1 rules as mentioned above apply, do you could only change to IT if you have a degree in CS.

Thank you so much for the response.what happens if H1 gets approved before withdrawal request reach uscis? What should I do if my employer denied to withdraw petition?

[Vickie]

2 hours ago, Vickie said:

Thank you so much for the response. What happens if H1 gets approved before withdrawal request reach uscis? Do they revoke my H1b .(uscis received RFE documents today ie 12/26/2017 and it’s not a premium). If the attorney send a request for withdrawal how many days does it take for status change.And also what should I do if my employer denied to withdraw petition?

 

[JoeF]

As I said, when the H1 is approved, you are in H1 status and you have to work for the employer on the H1.