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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default On OPT, Chosen In H-1 Lottery, Now Working For Another Employer

    Hey guys, I m in a really tricky situation here. I Read a few forums on that, but nothing was really helpful. I need some expert's advice now.

    Let me explain the situation I m in now...

    I m on OPT( 12/07 to 12/08) now and I filed for H-1 with Employer A. Since this employer could not find me projects I moved over to Employer B who offered me the Job. But my H-1 was sponsored by Employer A.
    Now my question is

    I know I can work for any employer on OPT, but after my H-1 gets approved and from OCT 1st .what would my status be....OPT or H-1 or Either.

    Should I work only for the employer who sponsored my H-1 ??

    Can I transfer my H-1 to Employer B...If so how..? I don't have any pay stubs from Employer A.

    Can I take advantage of the OPT extension(17 more months) rule even after my H-1 was approved because if that is possible I can apply for a new H-1 next year.

    Any suggestions or Help is appreciated.

    Thanking in advance.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: On OPT, Chosen In H-1 Lottery, Now Working For Another Employer

    Should I work only for the employer who sponsored my H-1 ??
    Yes, because the H-1 attaches to the emplyer, not the employee.

    Can I transfer my H-1 to Employer B...If so how..? I don't have any pay stubs from Employer A.
    Yes. You need to get pay stubs. Speak to your company's payroll department.

    Can I take advantage of the OPT extension(17 more months) rule even after my H-1 was approved because if that is possible I can apply for a new H-1 next year.
    Probably not. You'll want to speak to a qualified attorney about that.

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