I am now working for employer A under OPT status. Employer A has filed H1-B for me and the case was received on early August (not approved yet). My OPT expires on early February. Recently I got an offer from employer B and want that job. What will be the way to go:
1. have employer A withdraw H1-B application and apply for STEM OPT extension?
2. wait until current H-1B is approved and transfer to B later?
3. apply for OPT extension now even if H-1B is pending?
Would appreciate you sharing you experience and shed some light on this.
Thanks in advance.

aptsearch,
I had similar (not exactly like yours) situation few months back.
This is only my thoughts for your situation. "This is not an expert opinion."
Regarding your OPT:
If you want to be on safe side you could extent your OPT. (I believe your H1b will be approved by Feb)
1. Unless you are working for nonprofit company or new Company B, is nonprofit, its not a good idea to withdraw H1-B application since its very hard to pick up on lottery next year again.
2. If I were you I would pick option 2. You don't even need to let your company A know to start H1-B transfer.
3. If you don't hear your result by the mid of January then only its better to apply for OPT extension. USCIS need to receive your extension application before your OPT expires and during that gap period you can still work legally. (ps your application should approved by Feb)

Jai Nepal

aptsearch,
I had similar (not exactly like yours) situation few months back.
This is only my thoughts for your situation. "This is not an expert opinion."
Regarding your OPT:
If you want to be on safe side you could extent your OPT. (I believe your H1b will be approved by Feb)
1. Unless you are working for nonprofit company or new Company B, is nonprofit, its not a good idea to withdraw H1-B application since its very hard to pick up on lottery next year again.
2. If I were you I would pick option 2. You don't even need to let your company A know to start H1-B transfer.
3. If you don't hear your result by the mid of January then only its better to apply for OPT extension. USCIS need to receive your extension application before your OPT expires and during that gap period you can still work legally. (ps your application should approved by Feb)

Jai Nepal

Thanks CLight! That helps.
The problem, however, is if I want to join company B (which is academic institution like A) next week, can I use my OPT EAD when human resources asks? Will company A allow me to do that? Am I bound to company A since they filed h1b for me?

"A not for profit institution of higher education" are H-1B Cap-Exempt. so if your company B falls in this category and they are willing to sponsor you for H-1B then its okay to withdraw application from Company A. Most of the company does not let you work for another company at the same time (company policy). I think you could give your EAD to Company B but you cannot work until you leave company A.

Thanks again, Clight!