I am on OPT, and my H1B lottery case has been approved with an October 1, 2018 start date. Can I change my employer before Oct 1st?

Answer

This is a complicated question. One in this situation should consult with a qualified attorney for individualized advice. It is important to remember that one does not obtain H1B status until October 1st. A withdrawal by the H1B petitioning employer before October 1st likely would result in the loss of one’s “cap number” and H1B eligibility. Therefore, in general, no change of employer filing should be attempted before October 1st. (07.May.2018)

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.
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