Change a job during Cap-Gap extension.

Asked over 2 years ago - San Francisco, CA

I am currently on F1 cap-gap, my OPT was expired at June 15, and company A has file premium H1 request for me. Now I want to change to company B, but H1 cap is already full.

-Can I change the job to company B before Oct, 1st ?
-If I can what prove do I need to show HR because it 's required EAD card which is already expired.
- Can I do H1 transfer before Oct, 1st?

Attorney answers (3)

  1. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . Since you are already in H-1B status, you have already been counted against the cap once. You are now no longer counted against any cap. Thus, you can now have Co. B file a new H-1B petition on your behalf ASAP.

  2. Robert K D'Andrea

    Contributor Level 10


    Lawyers agree

    Answered . You must wait for the company A petition to be approved before filing for change of employer. You should speak with an experienced U.S. business immigration attorney about your options.

    Robert K. D'Andrea, Attorney at Law
    D'Andrea Law Corporation, PLC
    (626) 240-4688

    Legal Disclaimer: This answer above is general in nature and is offered for informational purposes only. This does... more
  3. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . Talk to the company B lawyer ... or hire one to represent you personally.

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only.... more

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