H1-B picked in lottery but..

[Ajju06]

Hello Everyone,

I have many doubts concerning H1-B just waiting for right decisions:

My H1-B got picked in the lottery by Company B but now I am working for Company A !!!

My Visa is expiring next month and currently I am on STEM-OPT that too expiring next month..!! So, I will get Cap-Gap not a problem but as My H1-B got picked from Company B as I am currently on Project with company A ( as company A didn't file for my H1-B).

So my Question is : Can I now search for new job under Company B or should I wait until approval of H1-B i.e. until October

Can you please guide,As I did ask my Employer too but tensed that's why...

[JoeF]

You HAVE a job with company B from Oct. 1. You are not searching for a job. It is company B's task to find a project for you.

[Ajju06]

15 hours ago, JoeF said:

You HAVE a job with company B from Oct. 1. You are not searching for a job. It is company B's task to find a project for you.

Thank you for the reply, But can I switch over to new project under Company B now or should I wait for until October ?

[gopalakrishnach]

I normally hear for H1B transfers people join the company on H1B application receipt but I am not sure about H1B lottery. I feel you can join Company B only after H1B is approved and after/on start date of  approved H1B.

[JoeF]

15 hours ago, Ajju06 said:

Thank you for the reply, But can I switch over to new project under Company B now or should I wait for until October ?

You need to start working from Oct. 1 for the original H1 employer on the H1. And of course you need to get paid. Then you can transfer.

You can of course use the F1 OPT Cap,gap to work for employer B before Oct. 1. But an H1 transfer can only happen after Oct. 1 when you have started working in H1 status for employer B.

Edited May 31, 2019 by JoeF