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I am currently on f1 Visa and graduating in May.

My H1b with consular processing has been applied by my future employer. Now I have a very good offer from another employer.

Can I change the employer now? Will this affect my F1/OPT status?

I Am ready to withdrawn H1b from current employer. My new employer ready to file H1B for me next year.

  • Have you applied for OPT already? – krubo Apr 25 at 14:29
  • Yes. I have applied. – Nilesh Apr 25 at 19:56
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You didn't mention the H-1B lottery, but you should think about it before making your decision. If possible, it would be preferable to know whether your current H-1B application is receipted, although that information may not be available until May or June. Based on current numbers, each cap-subject H-1B application submitted in the first week of April has about 30% chance of being receipted in the lottery. If it's not receipted, you can try again the next year, but it's also possible that you could run out of OPT time (or STEM OPT time if you're eligible) without getting H-1B.

Another reason it may be unwise to abandon the job offer you accepted is because you already accepted their job offer and had them file an H-1B petition for you.

If after considering these factors, you still decide to change to the new employer, you can indeed do so by using OPT. If you get approved OPT, it is valid for any employer, as long as your employment is full time and is related to your major.

EDIT: The point about the lottery is that it's possible to get unlucky several years in a row and never actually get H-1B. Since the H-1B was filed for consular processing, it shouldn't cause any problem for your F-1 OPT regardless of whether it's withdrawn or approved. Even if it is approved, you don't have to proceed to getting the H-1B visa; you can continue your F-1 OPT instead. (In contrast, if the H-1B had been filed for change of status, and it got approved, that would immediately end your F-1 status and change you to H-1B status.) (There have also been some cases of H-1B applications messing up the F-1 SEVIS record due not to any law but to a DHS system error. If this happens, your international student advisor would have to submit a request to get it fixed. The worse case scenario is that in the meantime your OPT is adjudicated and denied, although this is uncommon.)

  • but it's also possible that you could run out of OPT time (or STEM OPT time if you're eligible) without getting H-1B. Answer: I am a master student now and graduating in May so I will have 1 year of OPT and then STEM extension. Thanks for your response. – Nilesh Apr 25 at 19:53
  • What happens when the current employer withdraws the application and meanwhile the H1B application get approved. Does this affect my F1/OPT status? Does it affect my next employer's file of H1B? Also, Does the previous company have a chance to withdraw after approved? and does this withdrawal will red flag me in USCIS? – Nilesh Apr 25 at 19:55

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