Urgent*** On OPT and currently applying for H1B, have another offer, and want to switch!!!

[kturkoglu0701]

I will try to be very concise and precise, and will do my best to explain the situation as short as possible to take less of your time:

I am a recent graduate with my PhD degree and I am on my OPT until Sept. 04.2013. I am currently employed under my OPT in a (industry) company, and they are going to send the H1B application with a "premium process" this Friday, on March 29th, 2013 so that it can be processed by USCIS on April 1st, 2013.

I also received an offer from a university as an Assistant Professor and I accepted the offer with a start date August 19th, 2013.

My problem is since I am on OPT, I cannot quit my (industry) job now and afford to be unemployed for more than 3 months (April - August more than 4.5 months gap ). As I mentioned, my current (industry) employer will apply for me for H1B tomorrow, which will destroy my OPT status (I believe there is no way back from H1B to OPT). And since I didn't tell my current employer yet about my university employment/offer/acceptance, they will not stop the process and will apply. But since I also accepted the offer from the university, I also need to apply for H1B under the university again somewhere in summer.

My concern is that, if USCIS, sees multiple applications for H1B in a very short amount of time for the same person (me), from two different employers, that may put me in trouble, and I am afraid of loosing my work-permit-rights in US, and honestly I do not want to waste my chance to become a full professor at the U.

This is the point where I need help:

- What should I do?

- Should I stop my current (industry) employer to apply for H1B?

- Should I wait, and let everything unfold naturally!! In other words, should I let my current (industry) employer apply for H1B, and in summer, leave my job, then apply for H1B again through the university? Would this create any trouble for me from USCIS and immigration perspective?

- How should I proceed?

- Or since I have the faculty position, should I apply for GreenCard directly? What are the chances of me getting a green card? (I believe this is the toughest one, and not very likely road to take!)

I would truly appreciate your inputs. You can also email me at gm4iL account at "kyleaeron"

Thank you for your help.

[wiweq]

Multiple H1bs by different employers is absolutely fine. In your case, your first H1b will be approved by the mid/ end of April. Once it's approved, the new employer can file your cap exempted H1b. In any case, multiple H1b by different employer is perfectly legal. Multiple H1bs by same employer is not permitted.

For your GC, better to discuss with an attorney. Because you are PhD you may be eligible for EB1. Discuss all requirements for EB1 with attorney.

[t75]

Shame on you for being dishonest with your employer. I feel sorry for the students at the university where you will be working; they deserve someone with higher standards for his own behavior.

A faculty position does not guarantee you a GC. Many faculty members, especially at less than elite universities are not EB-1 material.

A full professor at a university takes many years of work. Many assistant professors are not even tenure track and, at many schools, fewer than 50% receive tenure even though they have many $100,000 of research and many publications and presentations. You have a lot to learn.

[chtummala]

hmm .. nothing to worry ..

do you have any contract with company (industry) .. that you can not leave job .

if not you don't need to worry ..

[Attorney_25]

There is an error in the original post. Having an H-1B petition filed for you does not "destroy" your F-1 status. (OPT is not a status, you are in F-1 status.) The petition is not "processed" on April 1 changing you to H-1B. The petition is merely receipted on April 1. It is filed for a start date no earlier than October 1, 2013. It extends your F-1 status and OPT through September 30, 2013 via the "cap gap" regulation. This allows you to work through OPT until September 30. On October 1, your F-1 status is changed to H-1B. From there you must work according to an approved H-1B petition.

A second employer can file for you either simultaneously with the first or after the first petition has been approved, showing that you are already counted in the cap.

It is best for you if your H-1B petitions are handled by a qualified immigration attorney.

[wiweq]

Shame on you for being dishonest with your employer. I feel sorry for the students at the university where you will be working; they deserve someone with higher standards for his own behavior.

Why shame?

[stanos86]

Shame on you for being dishonest with your employer. I feel sorry for the students at the university where you will be working; they deserve someone with higher standards for his own behavior.

Why shame?

exactly whats the shame ?

[wiweq]

exactly whats the shame ?

This post is written by senior member with 7,000+ posts, there should be some concrete fact behind this post. We are waiting to know that fact. It's well known fact that in USA most of the job are at will, and employer or employee can terminate the relationship even next day of the job.

[rahul412]

This post is written by senior member with 7,000+ posts, there should be some concrete fact behind this post. We are waiting to know that fact. It's well known fact that in USA most of the job are at will, and employer or employee can terminate the relationship even next day of the job.

Come one, just by posting thousands of posts doesn't mean that all are facts.

[stanos86]

well i am here for the facts...and just to repeat the quote my seniors always told me....

"Love your job...not your company"