I have been working for a Fortune 500 company since July, 2013. My current employer has recently applied for my h1b petition and got notification regarding the selection in lottery and it was applied in premium processing. Hopefully, within next two weeks I will know about the approval decision for the new h1b but as far as I know that it won't be activated till October 1st. My current status is F1-OPT and the initial period is getting expired on June 30, 2014. If my h1b petition is approved, I know that I won't need to apply for OPT extension as I will be automatically be eligible to work during cap-gap extension. However, my question is whether I can switch to any other company in the mean time before October 1st, 2014 assuming that the h1b petition will be approved in next two weeks.
Yes, a new employer can file a petition in your behalf.
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Assuming you will have been counted against the cap, the new employer could file a new H-1B Petition for you and explain why it is not cap-subject at that time.
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It seems that you have asked this quesiton before and we have answered already.
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