Changing employer during Cap Gap

[duttyals]

Hi,

I am currently working for Employer A, who filed my H1B petition which got picked in lottery. Emp A is not e-verified and so I cannot apply for stem extension (my OPT ends on June 21). There is less job security/safety with my current Emp A. I filed under premium so should be able to get an answer by May end. my question is: can I change employer on Cap Gap once my H1-B is approved, or do I have to wait until Oct 1 (assuming that Emp B is ready to file H1-b transfer). if not, what would happen in the worst case of loosing the job during Cap Gap?

Thanks!

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[hariseshan]

Yeah, that's an awful thing to do. Not only have you (slightly) reduced the chances for the rest of us, you have also made Company B potentially pay for attorney fees to file paperwork for you, and USCIS fees if that application gets selected too, and now they will neither get the employee they applied for a visa for, nor their money back. Good luck every trying to go to Company B in the future.
To answer your question, I don't think the application can be cancelled once it's filed. You can ask an attorney.

[hariseshan]

Yikes, sorry, I posted to the wrong thread!

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