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Immigration Issues/H-1B Change of Employer

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Question
Hello Mr. Arora,

I am currently on OPT status till Sept 30 and my H-1B visa status will start from Oct 1 with the current company. I got a job offer around 2 weeks back and the new company filed and got LCA certified as "New Employment" as I was on OPT at that time. My questions are the following:

My new company is sending my H-1B petition packet today to be received by USCIS on or after Oct 1. I understand that some sections in I-129 are filled differently depending on if beneficiary is in OPT or H-1B status. How would the case be considered, if my new company sends the petition on Sept 30 (when I am on OPT status) but it reaches on Oct 1 (my H-1B status will start). Should they fill it as if the beneficiary is on OPT status (new employment) or H-1B status (Change in Employer). If they file as later case, will the LCA certified as new employment be valid or they have to file a new LCA for Change of Employer.

Thank you in advance.

Answer
Hi,

By the time the USCIS receives the petition, you will be in H1B status (effective Oct. 01). Thus, the H1B petition should request change in employer and "extension of status." The certified LCA remains valid whether change of status or extension of status is requested.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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