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Old 04-19-2012, 09:40 AM
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Default Change of employer during Cap Gap Extension of F1 OPT

Hello

I am currently on OPT which expires May 10th 2012. I am currently employed by company A. My employer has filed H1 and it may be approved before May. I have my Cap gap extended till Oct 1st.

I want to know If I find another employer B before Oct 1st who would be interested to do a H1B for me, I have following questions:

1. Will the employer B has to file a fresh H1 subjecting me to CAP again or can the employer B can do a H1 transfer without subjecting me to the CAP?
2. Can I change the employer after the H1B of employer B has been approved?
3. My university DSO says I cannot change employers or I cannot get my H1B transferred till Oct 1st. She says I need to work for at least one day after Oct 1st in order to be eligible for H1B transfer?

Please help me with some reference on this one as it is very critical for me to analyze and decide. Thanks in advance.
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Old 04-23-2012, 09:34 AM
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CRAZYMONK is a jewel in the rough CRAZYMONK is a jewel in the rough CRAZYMONK is a jewel in the rough CRAZYMONK is a jewel in the rough
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See my inline comments below

Quote:
Originally Posted by munna123 View Post
Hello

I am currently on OPT which expires May 10th 2012. I am currently employed by company A. My employer has filed H1 and it may be approved before May. I have my Cap gap extended till Oct 1st.

I want to know If I find another employer B before Oct 1st who would be interested to do a H1B for me, I have following questions:

1. Will the employer B has to file a fresh H1 subjecting me to CAP again or can the employer B can do a H1 transfer without subjecting me to the CAP?

They have to file as a fresh H1B. Your approved H1b(if at all) won't help until you start working for the petitioner.
2. Can I change the employer after the H1B of employer B has been approved?
YES
3. My university DSO says I cannot change employers or I cannot get my H1B transferred till Oct 1st. She says I need to work for at least one day after Oct 1st in order to be eligible for H1B transfer?
That is correct

Please help me with some reference on this one as it is very critical for me to analyze and decide. Thanks in advance.
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