On OPT Extension H1B approved (not used) want to change the employer

[dps24]

HI, I am currently working on my OPT extension which is valid for another 13 months and also have my H1B approved, but i have not switched my I9 to the H1B so do not have any pay slip on the H1B status. If I change my employer:

1: Can I be on OPT for the remaining period and get my H1B transfer afterwords (or may be immediately nut not switch to it)?

2: Will I be exempted of H1-b cap if my H1 needs to be filed again.

[JoeF]

Was that H1 filed with COS?

The I-9 doesn't matter, the I-94 matters. If the H1 approval notice has an I-94 at the bottom, you are in H1 status from the date listed on that I-94.

 

If you are not in H1 status, you are not considered counted for the H1 quota.

[jairichi]

Was your H1B filed & approved as COS? If so then you are currently in H1B.

You need to work for H1B employer before transfer to new employer can be filed.

[rahul412]

Is your H1 approved along with COS?

You cannot file H1 transfer without working for your initial H1 sponsoring employer.

[dps24]

Thanks for the reply.

I don't know of my H1 was filed with COS or not. I will check that and revert back on the thread, but correct me if I am understanding it incorrectly; I will have to work with the H1b sponsor before i can get the H1 transferred.

What if I just join other employer with my OPT and then get H1B sponsored from them will I have to go through the lottery again?

[jairichi]

Thanks for the reply.

I don't know of my H1 was filed with COS or not. I will check that and revert back on the thread, but correct me if I am understanding it incorrectly; I will have to work with the H1b sponsor before i can get the H1 transferred.

What if I just join other employer with my OPT and then get H1B sponsored from them will I have to go through the lottery again?

Yes, you will have to go through lottery in that case.

[rahul412]

Thanks for the reply.

I don't know of my H1 was filed with COS or not. I will check that and revert back on the thread, but correct me if I am understanding it incorrectly; I will have to work with the H1b sponsor before i can get the H1 transferred.

What if I just join other employer with my OPT and then get H1B sponsored from them will I have to go through the lottery again?

Yes