Can I extend OPT while H1B processing?

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Can I extend OPT while H1B processing?

Currently I am on my OPT (12 month) status it expires in about 2 weeks. My current employer has filed H1B under premium processing its under processing status. I have an offer from other company which is e verified and willing to sponsor H1B also. Now can I extend my OPT through the other company? Like can I file for my OPT extension (other company ) while my H1B case is under processing (current company).

Asked on September 15, 2011 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are eligible for the OPT extension, that is something that you would need to discuss with the foreign advisor's office at your school.  The employer is not going to be the one to extend your OPT.  If your current employer has filed for your H-1B already, then, assuming it will be approved, your status will automatically change from F-1 to H-1B on October 1, 2011, which is the first possible date for the new H-1B and, presumably, the first date of validity requested by your employer in the petition.  If you then want to change employers to the second employer, the second employer would need to file another petition on your behalf and it would not be subject to the cap and you would be able to transfer your status from the current employer to the second employer.  Once you are in H-1B status through the change of status, you cannot reclaim any of your OPT.


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