I am on F-1 OPT status and will apply for H1B this coming April 1st. When is the earliest date I can change employers and not have my H1B application revoked?
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1 Answer
Your H1b application has nothing to do with your OPT employer. You can change employers any time as long as they comply with the OPT criteria.
If you mean that the employer you work for now is the one applying for H1b, and you want to leave that employer - then you should probably wait until the application is in fact approved, and then the new employer will file a new H1b petition based on the quota already allocated to you.
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Ok so you're saying I have to wait until my H1B application is approved, then change jobs. Once is it approved, is it guaranteed that the new employer's H1B petition will be approved?– MariskaMar 6, 2015 at 19:34
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@Mariska of course not, why would it be guaranteed? The only thing guaranteed would be that you don't need to compete for the quota again. Mar 6, 2015 at 20:13