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Immigration Issues/On OPT, Chosen In H-1 Lottery, Now Working For Another Employer


Hi, I m in a really tricky situation here. I Read a few forums on that, but nothing was really helpful. I need some expert's advice now.

Let me explain the situation I m in now...

I m on OPT( 12/07 to 12/08) now and I filed for H-1 with Employer A. Since this employer could not find me projects I moved over to Employer B who offered me the Job. But my H-1 was sponsored by Employer A.
Now my question is

I know I can work for any employer on OPT, but after my H-1 gets approved and from OCT 1st .what would my status be....OPT or H-1 or Either.

Should I work only for the employer who sponsored my H-1 ??

Can I transfer my H-1 to Employer B...If so how..? I don't have any pay stubs from Employer A.

Can I take advantage of the OPT extension(17 more months) rule even after my H-1 was approved because if that is possible I can apply for a new H-1 next year.

Any suggestions or Help is appreciated.

Thanking in advance.
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After Oct, 2008 you will become H-1B visa holder. Provided your employer does not withdraw you H-1B petition.
You can transfer to Employer B provided your H is approved. You can take advantage of the OPT extension, but your employer should be an e-veriy employer and you should hold a STEM degree.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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