I have been working for Employer A on OPT, and my H1B was selected in the second lottery. The petition was approved with an October 1st start date. I am not getting along with my supervisor and would like to move a new employer. Can a company file an H1B change of employer for me on October 1st? Or, do I need to first wait for a few paystubs?


With an approved change of status, the foreign national typically is considered to be counted against the cap on October 1st. Once a person has been counted against the H1B cap, a change of employer normally can be filed at any time. (16.Sep.2021)

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