Job change with H1B petition pending

P

pssri

New Member
Can I change my job if my H1B petition is still pending? There was a query to which my current employer responded. Query was specific to company. I am still waiting for the H1B approval and I expect to get it only by Feb 09. Recently I got an offer from a new company. Can I leave this company and join this new company without losing my H1 petition. Or do I have to wait till I get my H1B approval with the existing company.

Currently I am working on OPT which is due to expire by May 30th 2009.

I will appreciate anyone who can give an advice.

Regards
Sri
 
if you move as OPT, yes, you can . There might be more complication after H1 gets approved, depending on how H1 petition was filed.
 
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Thanks GotPR. If you can advise me what could be the complications, it will be a huge help. As of now, I am not sure what should I do. Thanks for all the help.
 
if your H1 petition is with change of status, you'll be on H1 status as soon as your H1 start date comes. YOu can not be on OPT anymore and you have to work for H1 sponsor. You need to either to H1 sponor or H1 transfer to OPT company.
 
GotPR? said:
if your H1 petition is with change of status, you'll be on H1 status as soon as your H1 start date comes. YOu can not be on OPT anymore and you have to work for H1 sponsor. You need to either to H1 sponor or H1 transfer to OPT company.
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I can move on OPT but can I move without losing my H1B petition?. I was wondering if the new employer could ask for a change in employer on my H1B petition.
 
H1 petition won't be affected unless it is cancelled by the employer.
The new employer can file tranfer only if you had approved H1 in the past.
 
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