OPT Extension and H1B Approved. Joining new company before Oct 1

tampaflorida

By tampaflorida,
in Other Work Visas

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tampaflorida Newbie

tampaflorida

Posted
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Hello,

 

I'm on OPT Extension and working for company A. I have H1B approved from company A. Now i have offer from company B.And they want me to join before Oct-1.

 

They said they had a word from their immigration team and got positive response. they said they can file a new petition based on my original approval and after approval, i can join them.

 

I don't know what to do. read through several posts and most of them are not agree with that.

 

Can somebody put some light on that...

jairichi Advanced Member

jairichi

Posted
Posted

Your H1B is effective only from Oct 1st and so you cannot join them before that on H1B. If you plan to join them on OPT then you risk employer A withdrawing approved H1B petition. If withdrawn you will be considered not counted against cap and have to go through cap again.

tampaflorida Newbie

tampaflorida

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But they are saying they will file a new petition based on my approved petition and new petition will hold their name not original employer name. And so i can start working with them with new petition...confused whom to listen......

rahul412 Advanced Member

rahul412

Posted
Posted

But they are saying they will file a new petition based on my approved petition and new petition will hold their name not original employer name. And so i can start working with them with new petition...confused whom to listen......

That's not possible before your approved H1 kicks off. So no H1 transfer before Oct 1st.

  • 1 month later...

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