Immigration Issues/opt, h1


Dear Mr. Ahsley,

i've done my master's in the US. i am currently on my OPT, till december 2008.
the current employer i am with (software consultant) has already filed my H 1 petition for 2008. I am not happy with my current employer. i want to move to some other job.

is it advisable to move before i get my H 1 visa? is there anyway that i can work for some other employer on my OPT and  can get my H1 transferred when it comes.

in no case i want to lose my H1.


Once your H1 is approved you could find a new employer to file an H1 for you.  Note, they can file for you only after your H1 gets approved.  You could switch to another employer on your OPT but note, the H employer could withdraw your H1 application.  I would suggest that you wait until your H1 is approved and you have a new H1 application filed before you switch jobs.
Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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