More details to this question:
I’m currently on F1 OPT that expires in July 2026. I have an H1B selected petition and pending approval with my current employer. I am switching jobs from one firm to another while still in opt. My current employer says they will not withdraw my petition. Can my new employer file a transfer petition? If yes when and how?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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USCIS has been known to give difficulty where H1B beneficiaries who were selected in the H1B registration process attempt to transfer to a new employer before October 1. The best scenario would be for you to work for the company that applied for your H1B registration/H1B petition after October 1 and then present paystubs from that employer in support of your transfer petition. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 23rd, 2026 at 3:09 PM