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Change a job during Cap-Gap extension.

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?

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Attorney answers 3


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. It does not constitute an attorney-client relationship.


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 not constitute an attorney-client relationship. You should retain an experienced U.S. immigration attorney to review all the facts of your case in order to receive specific advice.


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.



I can't since the H1 cap is already full, can I do leave with out pay on company 1 and start working on company2 in the same time?