What to do regarding an H1b transfer with receipt notice on OPT if changing employers?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do regarding an H1b transfer with receipt notice on OPT if changing employers?

I am on my OPT. Company A filed an H1b petition for me. It is selected in the lottery and is currently under review for change of status but yet approved. However, I got another exciting job offer from company B. Can company B file amendment on exiting petition to transfer my H1b from A to B or can company B file a new H1b

petition immediately irrespective of exiting petition from company A? What if company A withdrew their petition immediately in both cases?

Asked on June 2, 2019 under Immigration Law, Texas


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Company B can file a new petition and use the receipt notice of company A to show that it is a transfer petition and no longer subject to the cap.  The company A does not really need to do anything in this matter other than provide you with the receipt notice for its pending petition on your behalf.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption