Can I Change my employer in OPT CAP-GAP period..?

Question

My emp A applied for H1... still pending approval.

My status will be OPT Cap-gap starting July. Can I change my employer A to employer B after my opt expires between cap-gap period and before Oct 1st once h1  with emp A is approved  ?

If yes can I work for the new employer B before Oct 1st..?

Answer 1

Answer to both your Qs is YES,

YOu can change employer while your h1b is pending and in the cap-gap period.
But make sure after your h1 is approved ( which has 2 b before 30th Sept) , to transfer it to your then present employer with proper H1 ammendment.

Comments

Sorry I did not get you,  Please clarify

Can I change my employer when my application is still pending without approval..?

I thought it was not possible as I have to apply for a new H1 application subject to the h1cap count and currently h1cap is filled for this year.

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My H1 already got approval from companyA , and I got laid off from company A. Can I change to job? If you have done this process, can you kindly share your experience to me?

Thank you in advance.

Answer 2

a correction

you can change the employer when your h1b is approved, but not while it is pending right now, since the cap is already full, your new petition with another employer will be cap subject if your 1st h1 is not yet approved.

 

You can however change once it is approved.