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H-1B Change of Employer Before Start Working for the Sponsor

H-1B Change of Employer Before Start Working for the Sponsor

Old May 3rd 2006, 1:12 am
Posts: n/a
Default H-1B Change of Employer Before Start Working for the Sponsor

Hi, I am having the particular dilema.

My OPT expires on July 31, 2006. (That's including the 2 month grace
I have applied for H-1B with Premium processing to Vermont and received
the result that H-1B has been granted but the in-state status
adjustment is denied because of the gap between my OPT and 10/02/2006
(H-1B effective date).

Well, I had the I-539 in to the Texas Service Center for changing my
F-1 status to F-2 (my wife is F-1, so thought I change the status to
remain in US) prior to applying the premium process, but I have not
heard or received the receipt, so decided to go ahead with H petition
fearing cap filling up. I-539 was submitted 2 weeks prior to the I-129,
but of course do not have receipt to send in with the H petition.
That's why the in-state adjustment portion is denied.....

I know that I could file for Reopen/Reconsider with the reciept for
I-539. If it arrives before the 30 days limit expires. Crossing my
fingers on that.

But now, another option surfaced. I have another job offer at local
college that is pending.

My questions are:

1. If I am to take the job offer in the higher education institution,
can I file another H-1B and will my currently approved H-1B be
overwritten by the second petition even before I start working for the
current sponsor?

2. If so, since the higher educational institutions are cap free I
think that I would be able to request the change of status immidiately.
What would happen to my F-1 to F-2 I-539? Will that be overwritten as
well or do I need to wait for the result of I-539 and then adjust my
status from F-2 to H-1B?

3. Is there a way to withdraw the I-539?

4. What would be the starting date of new F-2 status? The date of
application, the date of approval or I-539, or the ending date of my

Would greatly appreciate your answers to clear up the mine field.

Thank you.

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