QUESTION
Would I have problem transferring to a new employer on May 15 2017 if my current employer has filed my H1B application on April 1st 2017? I am on OPT
Asked on Apr 06th, 2017 on Immigration - Illinois
More details to this question:
I am on F-1 OPT status working for a company. My current employer has applied for my H-1B on 1st April 2017. However, I am thinking to change my employer and start with the new employer on May 15 2017. If my H-1B gets selected, would the H-1B application get revoked if I start with the new employer? Also, if H-1B gets selected and I change the employer due to which H-1B application gets revoked, would I have problems transferring my status into new company based on my current EAD OPT status valid until May 2018?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
If U.S.C.I.S. has selected you for H-1B under employer A, and you then put in papers to change your H-1B selected case to employer B in May, there is a likelihood that your H-1B cap selection would be revoked. Since the selection is not an approval which would change your status, your OPT EAD should still be valid to allow you to work for an employer in the field of your major. 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 06th, 2017 at 1:26 PM