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Anonymous

CPT to H1B, change of H1B Employer

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I am having CPT work status. My current employer A applied for H1 but did not get any status update.

If my H1B gets picked and approved, mostly the start date would be Oct 1. 
Now I got one job offer from Employer B. 

For Both of the below cases I am not talking about waiting till Oct 1. As soon as I get the information approval status


Q1. Can I change to Employer B before just approval status?
If yes, what will happen to my H1? Can I transfer my H1 from Emp A to Emp B after or before Oct 1?

Q2. Can I change to Employer B after Approval status?
If yes, what will happen to my H1? Can I transfer my H1 from Emp A to Emp B after or before Oct 1?
 

CPT-to-H1B,-change-of-H1B-Employer.jpg

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You can join employer B anytime. However, for the purposes of transferring H-1B from employer A to Employer B, your H1B from Employer A must be approved. If it is approved, you can transfer it with starting date of October 1, 2019 to employer B. 

However, please note that this is very risky, if Employer A withdraws prior to October 01, it can no longer be transferred to another Employer and you may be required to go though the H1B lottery process. If it is not withdrawn by Employer A,  USCIS may also question as to why you have never worked for Employer A. We have seen such RFE's from the USCIS, please use Caution.

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