Change of employer during h1b appeal



I’m currently on OPT and was working for Employer A till Nov’ 2018. Employer A applied for H1-B and got an RFE and its denied later on. But they appealed the case which is currently still under processing. Being said this, I’ve moved out of Employer A.

But employer A informed that wouldn’t be withdrawing the case and I can transfer it to other Employer.

My start date with employer B is 2nd week of January. Here are my questions. Please suggest.

  • Firstly, Is it ok to change to Employer B while the appeal is under processing? Or the appeal should be withdrawn by employer A inorder to join with Employer B?
  • I’ll be joining with Employer B on my OPT status. Would it be ok to do H1 transfer to Employer B later after the current is appeal is approved?
  • At this point, if the H1 is approved, what would be the tentative H1 start date - From day of appeal approval date or Oct, 2018?
  • And say if the H1 start date is Oct, 2018 - Would it be considered as an unemployment till date? If so, will it effect my status?



Question impacting your STATUS should be consulted with an Attorney.

Answers you get from the forums and groups will not help you. Infact that can cause confusion and trouble.

Spend the money and consult the few attorney’s.