On STEM OPT, H1B on RFE, lost job

[donald_trump]

Hello.

 

I am currently on STEM OPT which was approved recently and is valid til 2021.

I was working with an Employer A who had filed for H1B and it is currently in RFE. During that time, my contract ended and I had lost my job.  I got an offer from a different Employer B now, and am planning to join them.

 

I want to know what my options are :

1) If Employer A cancels my H1, which I am ok with, I can apply for next year with Employer B. But Employer A will not be refunded and I might have to pay them.

2) Is there any way this can be managed this year with Employer B now? My H1 is not approved, but in RFE

 

Thank you in advance.

[gopalakrishnach]

1) Next year cap in Emp B good

2) This year Emp B not possible

[JoeF]

First, employer A needs to withdraw the H1 (or not answer the RFE). They can not ask for money for the H1. It would be illegal.

Employer B can file an H1 petition in next year's quota.