Being an international immigrant (initially a Masters' student), I am currently working full-time with Employer A on my STEM OPT (F-1 student visa) in the US and got selected for the H1B lottery this year (2019). However, USCIS put my H1B application under RFE. Employer A's lawyers submitted all the requested documents and USCIS received them on October 22, 2019 as per their website. I know I can easily switch jobs on my F-1 visa in STEM OPT without much paper work or F-1 visa transfer requests. The following questions are pertaining to me getting an H1B visa, since I am currently working on F-1 visa.
1. However, is it in my best interests to switch to Employer B before hearing back from USCIS about my H1B decision?
2. Can I still ask Employer B to transfer my H1B if and when I get the USCIS decision (say around Jan 2020) and let's say USCIS approves my H1B?
3. Or should I remain employed with Employer A until USCIS approves my H1B?
You are not required to work for the H1b petitioner until and unless the visa is approved.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
It is in your best interest to follow legal advice from the immigration attorney handling H-1B for B. That being said, you don't have to work for B until H-1B is approved. Once H-1B is approved for B, there is nothing else for B to complete the "transfer." But you should notify the school DSO of the change of status. It is probably wise to stay with A until H-1B is approved (to avoid switch back and forth).
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
1. Certainly not, since that RFE could ultimately result in a Denial of the I-129/H petition - stay tuned or ask them to "elevate" the petition to Premium Processing Service - that way you will "know" - fast.
2. Let the I-129/H petition follow its course and be approved first - again, if in a "rush" employer can always request "elevation" to PPS.
3. Most prudent choice as far as you are concerned.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
It is unclear when your OPT expires and your objectives/ career options you are considering.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. If you wish to discuss your case further, you may seek an appointment here - www.lawyersharma.com/book-online.
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