Urgent.Can I switch Job(now in STEM OPT) When H1-B still under processing ?


    I am a Masters student now working on F1-OPT.  Now my company is filing for H1B. I need to apply within the week and I need to know if I can switch Jobs When my H1-B is under processing.

  I will be applying for F1- STEM extension, and would like to know if  I get another offer, I can freely move to the other company without any issues or locked because of this H1B processing.

I am trying for my dream job and most positions are open only during the period till october. So I dont want to miss this opportunity for getting H1B in my current company.

Please provide guidance in this. Preferably I would apply if changing job during ANYTIME in the processing stage is possible. (because if I get an offer and if the company is not ready to wait till october for H1 transfer that may be a trouble)

I dont have any offers, I am just starting to find another one. ( Can I cancel H1b anytime and work in the new company on STEM)

You can change employment on OPT. However, if the old employer is the one who has filed H-1 and you leave them, they can withdraw the H-1 petition. You will be considered out of cap in this case.

However, once the H-1 gets approved and then you change employers, your new employer can still file cap-exempt H-1 (aka H-1 transfer) for you on the basis of previously approved H-1 (even if the old employer withdraws the H-1).