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Can a H1b Candidate who is currently on F1-OPT status switch to a different company before Oct 1st?

New York, NY |

I have been working for a Fortune 500 company since July, 2013. My current employer has recently applied for my h1b petition and got notification regarding the selection in lottery and it was applied in premium processing. Hopefully, within next two weeks I will know about the approval decision for the new h1b but as far as I know that it won't be activated till October 1st. My current status is F1-OPT and the initial period is getting expired on June 30, 2014. If my h1b petition is approved, I know that I won't need to apply for OPT extension as I will be automatically be eligible to work during cap-gap extension. However, my question is whether I can switch to any other company in the mean time before October 1st, 2014 assuming that the h1b petition will be approved in next two weeks.

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Attorney answers 3


Yes, a new employer can file a petition in your behalf.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.


Assuming you will have been counted against the cap, the new employer could file a new H-1B Petition for you and explain why it is not cap-subject at that time.

Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.


It seems that you have asked this quesiton before and we have answered already.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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