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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 115464
Experience:  20+ Years of Employment Law Experience
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I am currently have an approved H1B, and I am about to apply

Customer Question

I am currently have an approved H1B, and I am about to apply for my opt. In my new I20, it shows I have an approved H1B. But now I'm considering not to start with this company who filed my H1B, so they may revoke my H1B i think. In this case, will there be any trouble for my opt application? Since during their processing, the information on the I20 may become inconsistent
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You would need to get your H1B transferred to a new employer or get that process started and then it would not be an issue with your I-20 or your OPT (those could be modified with the new employer information), but if you just quit with no other job, yes it would be an issue and your visa status and OPT can be revoked since you are not employed any longer. Before you quit you need to have another employer arranged and they have to apply for the transfer.
Customer: replied 1 year ago.

Thanks for your response.

To clarity some points, currently I'm still at school and I will graduate in August, so I haven't started with the old company. I just got another offer and want to give up my H1B and start with the new company with my OPT.

That's why I want to apply for an OPT.

So in this case, would that be a problem?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

You will need to have the new company start the paperwork to transfer the H1B and you will be okay and you can update the I-20 address.
Customer: replied 1 year ago.

Thanks for your reply.

But I heard that the new company cannot transfer the H1B before October 1st. So I think I need to give up the H1B. I'm just concerned whether I can get my OPT approved since my current H1B is still approved.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

The new company could still file to transfer your H1B immediately, unless they do not want to do so. You need to speak to the company about transferring the H1B.

Your OPT would be a problem if your current employer terminates your H1B

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