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  • Changing employer before H-1B starts

    Hi,
    Greetings!
    I'm currently on F1-OPT till 18th August,2014. I will be on cap gap from 18th Aug- 30th Sep, 2014.
    I have my H-1B approved with the company A (I'm currently working here).
    I have an offer from company B to where I want to move.

    Company B is going to file a H-1B transfer with regular processing. They said that I can start working as soon as they get the receipt of filing.

    In my case since I will be on cap gap for 2 months? Is it okay to start at company B just with the filing receipt?
    If not should I go for a premium processing?

    Thanks in advance!

  • #2
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    • #3
      Originally posted by paiah View Post
      Hi,
      Greetings!
      I'm currently on F1-OPT till 18th August,2014. I will be on cap gap from 18th Aug- 30th Sep, 2014.
      I have my H-1B approved with the company A (I'm currently working here).
      I have an offer from company B to where I want to move.

      Company B is going to file a H-1B transfer with regular processing. They said that I can start working as soon as they get the receipt of filing.

      In my case since I will be on cap gap for 2 months? Is it okay to start at company B just with the filing receipt?
      If not should I go for a premium processing?

      Thanks in advance!

      You should speak with an immigration attorney regarding the above scenario. Although you can work for Company B under F-1 OPT because of CapGap, CapGap may be considered cancelled if your H-1B with Company A is revoked, which they might do once you tell them you are leaving them.

      Comment


      • #4
        Your message was posted as anonymous on Facebook wall- (July 11th)

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        • #5
          1 since it is be fore oct1 if A withdraw u r h1 before company B get decision it could lead to denial ..
          2 i prefer to go with premium ..

          Comment


          • #6
            1. Yes
            2. Premium would be better choice

            Comment

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