🔺 r/immigrationuBackgroundElevator54·42 days ago
H-1B cap-exempt filing when I never worked for the original petitioner, withdraw or not?
Trying to figure out the safest path and would appreciate input from anyone who's dealt with this. My situation: Currently on F-1 STEM OPT, working for Employer B (my actual job) under that authorization. Employer A filed a cap-subject H-1B for me (lottery-selected). It's approved with a change of status effective Oct 1 . I worked ~1 year for A in bona fide F-1/OPT employment before the petition was filed, but I've never worked for A in H-1B status and don't plan to. Employer B wants to file a cap-exempt H-1B for me, relying on the cap count from A's approved petition. The problem: On Oct 1, A's COS auto-activates, which ends my STEM OPT, the very authorization I'm using to work at B right now. So Oct 1 removes my fallback status and could interrupt my current job. Two options I'm weighing: Ask A to withdraw before Oct 1 → the COS never activates → I stay on STEM OPT and keep working at B, and B files cap-exempt whenever. If B is denied, I'm still on OPT rather than out of status. Ask A to employ me for one real day at full LCA wage after Oct 1 → gives me a genuine 60-day grace period and shows I actually worked in H-1B, but it interrupts my B job for that day. Questions: If A with…