Can I switch to a different employer B after H-1B Approval while working on OPT for employer A?
4 attorney answers
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.
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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.
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.
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.
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