What to do regarding an H1b transfer with receipt notice on OPT if changing employers?

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What to do regarding an H1b transfer with receipt notice on OPT if changing employers?

I am on my OPT. Company A filed an H1b petition for me. It is selected in the lottery and is currently under review for change of status but yet approved. However, I got another exciting job offer from company B. Can company B file amendment on exiting petition to transfer my H1b from A to B or can company B file a new H1b

petition immediately irrespective of exiting petition from company A? What if company A withdrew their petition immediately in both cases?

Asked on June 2, 2019 under Immigration Law, Texas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Company B can file a new petition and use the receipt notice of company A to show that it is a transfer petition and no longer subject to the cap.  The company A does not really need to do anything in this matter other than provide you with the receipt notice for its pending petition on your behalf.


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