I’m currently working pursuant to OPT authorization in F-1 status that will remain valid for another year. My current employer will be filing my H1B petition for the October 1st start date. …

… I also have a job offer from another company, which will also be filing an H1B petition for me. I really want to continue working for my current employer, though. If the other employer’s petition is the only one that is approved, could I “transfer” the approved petition to my current employer? In the alternative, can I continue working on OPT?

Answer

In order to continue working on OPT, an approved petition must be withdrawn prior to the scheduled start date of October 1st. Upon the withdrawal of the approved petition, you should contact your DSO to make sure that your SEVIS record does not get terminated because of the initial approval. If the approved petition is not withdrawn prior to October 1st, your status will change to H1B, and you will need to start working pursuant to the approval.

Once you begin working in H1B status, based on the other employer’s approval, your current employer in this scenario would have to file a new petition for change of employers. (24.Mar.2017)

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