Currently on OPT and applied for H1 - Can I change my employer

[rajub7949]

Hi All,

I am currently on OPT and I am on Full Time job . My employer has applied for my H1. Can I change my employer now and still will that H1 application be valid. That is can I transfer the H1 in october even though I leave this company now or what are the options. Is it possible for my H1 application to be valid and still change the company now.

Thank you in advance.

[rahul412]

Hi All,

I am currently on OPT and I am on Full Time job . My employer has applied for my H1. Can I change my employer now and still will that H1 application be valid. That is can I transfer the H1 in october even though I leave this company now or what are the options. Is it possible for my H1 application to be valid and still change the company now.

Thank you in advance.

You cannot change the employer now. If you do so, then your H1 petition will be revoked by your current employer.

Wait for approval and apply for transfer , you can transfer before Oct.

[sk.january]

Yes, as you are covered in this year H1 CAP.

A new employer can file another H1 for you(there is no concept of a transfer of H1 read I129 part A - basis of classification).

The new H1 will not affect your current employers H1 in any way.

[usf1opt]

Hello,

I am in the same boat. So should I ask my new employer to file for new H1B(transfer) before I get approval from my current petition?

OR...

Should I wait for H1B approval with current employer and then ask the new employer ro file for h1b transfer?

Also, if my new employer files for H1B transfer after my current petition is approved, can I start working immediately with new employer on STEM OPT?

One of my friends told me that, even if new employer files for h1b transfer before OCT 1st, I cant start working with new employer before OCT 1st. Is that true?

[wiweq]

A new employer can file cap exepmted H1b (transfer) only if the first H1b is approved.

[rahul412]

Hello,

I am in the same boat. So should I ask my new employer to file for new H1B(transfer) before I get approval from my current petition?

without getting the initial H1 approval, employer cannot file a new H1(transfer)

Should I wait for H1B approval with current employer and then ask the new employer ro file for h1b transfer?

Also, if my new employer files for H1B transfer after my current petition is approved, can I start working immediately with new employer on STEM OPT?

One of my friends told me that, even if new employer files for h1b transfer before OCT 1st, I cant start working with new employer before OCT 1st. Is that true?

Yes

Yes, you can work for any employer in STEM OPT

Yes, you cannot work before Oct 1st, but can work in OPT with your new employer.

[sk.january]

Yes, as you are covered in this year H1 CAP.

A new employer can file another H1 for you(there is no concept of a transfer of H1 read I129 part A - basis of classification).

The new H1 will not affect your current employers H1 in any way.

Sorry I assumed you already have an approved H1 and waiting on response from USCIS !!

[usf1opt]

Thank you sk.january & rahul412 for such quick reply.

Just to confirm, I will go ahead in the following way:

- Wait for H1B approval from current employer. (Expecting approval around end of May)

- Once H1B gets approved with current employer, ask new employer to start H1B transfer process (Will ask for PP)

- Once the H1B transfer gets approved with the new company, start working with them on STEM OPT. (Expecting H1B transfer approval by end of June)

- Will take care that the H1B transfer by new company gets approved well before Oct 1st.

Please let me know if you guys think there is anything wrong in the above process.

Thanks.

[sk.january]

You have a good plan laid out.. hope all works as you intended!!! Good Luck!!

Just FYI - When you have 2 H1's you can choose one and notify the other so they can withdraw their petition.

There is no TRANSFER of H1 and if you intend you can still keep working with your existing employer(check I129 - part 2 basis of classification, it is just a new filing with another employer)

[rohitl123]

Hi sk.january

can you please explain second part of your comment

"Just FYI - When you have 2 H1's you can choose one and notify the other so they can withdraw their petition.

There is no TRANSFER of H1 and if you intend you can still keep working with your existing employer(check I129 - part 2 basis of classification, it is just a new filing with another employer)"

[captcha]

@rajub7949: 

Can you please share with me what happened with your H1B transfer? I'm in a very similar situation, and would like to know how you handled it. Right now, my old employer's H1B petition was approved in April, 2014 and my new employer has filed a transfer petition in May 2014. I plan to resign from my current job only after I get an approval notice for my new employer's application.