I know the question sounds very confusing but let me explain it. I'm currently working on my post completion OPT, & I'm eligible for STEM Extension. My current employer 'A' won't be sponsoring my H-1B but I've a different employer 'B' willing to do so. B is flexible on the start date but prefers one towards the end of 2019. Since I'm on my OPT, If I were to switch will I be required to start working at B before filing for my H-1B or I can continue working at A and I apply for H-1B with an offer letter from B and move there once my H-1B is approved? As mine is a change of status case from F1 to H-1B, I've read that H-1B status would be valid from October 1 if visa is approved but B prefers a start date around December 2019. Please advise if I should switch to B before filing my H-1B or I could continue at A till my H-1B for B gets approved. I really appreciate your help.
Once approved for the H-1B you need to be employed for the approved employer and may transfer employers after having the new employer file for a change. best to wait for approval before making switch.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
Don't complicate your life. Currently work for whichever "employer" you see fit but understand that if and when that H-1B is approved, you will need to start working for that employer as of the effective date of that approved I-129/H petition .
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. 25 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.
I agree with Giacomo Behar completely on this point. The USCIS memorandum of a few years ago which set the policy applicable here, specifically declared that one needs to start working for the original petitioning employer comes October 1, or right after the petition is approved, whichever comes sooner, in order for the H1B status to become operational. If you do not do that and instead wait until new employer files, or try to move to a new employer before you will have actually worked for the original petitioning employer whose petition was selected in the lottery, you will find yourself out of luck and out of status.
My answer to your question is intended only as an offer of general legal information and does not create an attorney/client relationship. This answer is no substitute for a consultation with an competent attorney concerning the precise facts of your case as they might be. In fact, you are strongly encouraged to have a personalized consultation with an attorney competent in the area of inquiry to review all the facts in your case and obtain legal advice tailored to your specific situation. Please understand that my answer does not create any specific attorney client relationship which relationship can only be created by formally retaining this firm to represent you in a specific matter. If you found my answer to be “Helpful” or to be the “Best Answer,” among those presented to this specific inquiry, kindly mark it as such.
I suggest you consult with an attorney for your typical situation. Avvo is good for general guidance on laws. For customized advice, you are better off working with a counsel one on one.
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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