H1B & STEM OPT - Can I submit H1B lottery (Comp-B) next year with an approved H1B with (Comp-A)?


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Now I'm on STEM OPT, last week I got picked H1-B in lottery with company-A. But I got a full time job (w-2) with a different Company-B.

I have decided to work with Company-B until my STEM OPT expiry date 3/2025, Company B confirmed that they can't trasfer Company A's H1B because it needs 3 months paystubs which I can't work with 2 employers at a time.

Until October 2024 I want to continue the H1B process until it gets approved with Company-A.

1. Am I allowed not to use H1B status (keep it Idle) until my STEM OPT expiration date (3/2025) without any paystubs with Company -A? around 6 months can i keep it indle state?

2. Can I submit H1B application next year with company-B ?

3. With an approved H1B (no paystub) with company-A, is it allowed to get into H1B lottery with company-B next year?

 

 

 

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Ans. 1 - You can be on only one status at a time.  If H1b petition if filed by company A, then your status will automatically change to H1b from October 01, 2024.

Ans. 2 - Next year you will have to get back in H1b lottery with company B.

Ans. 3 - No.  You will have to be outside of US for one whole year in order to get back into H1b lottery again.

My two cents:

You will be able to keep your job with company B if both the companies A & B work together corp to corp.  Good Luck.

 

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