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Switch Job - Picked In H1b Cap Fy 16 - Regular Processing - Decision Pending

Discussion in 'AC 21 H-1B Issues' started by Kabirasha, May 12, 2015.

  1. Kabirasha

    Kabirasha New Member

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    I am on Stem OPT, I got picked in H1 lottery FY 2016, received receipt number but I am waiting on the decision. My application was filed under regular processing. Can I switch job or should I wait for H1 to get approved? I don't want to risk losing H1. Also can I upgrade to Premium processing now?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may upgrade to premium processing at any time. Personally, I'd wait until I got an approval before changing jobs.
     
  3. Kabirasha

    Kabirasha New Member

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    Once it gets approved and I get laid off. Does it get void ? Or can I get it transferred by new employer as I am still on OPT?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the employer revokes it before October 1st, you will be out of luck. You will still have OPT, however.
     
  5. Kabirasha

    Kabirasha New Member

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    What if New employer transfers it before they revoke? Thanks for taking time to respond.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In that case, you are OK. The USCIS says that unless you make it to October 1st without a revocation, you lose your status and are subject to the cap again. If a new employer steps up and gets a superseding petition approval for you before the old employer revokes, it is cap exempt.
     

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