Change of employer during cap gap


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My stem opt ended in May 2016 and my current employer applied for H1 in April prior to my OPT expiration and it has been approved and I have been given a cap gap from May 15th to Sept 30th 2016. I now got a new full time job offer.

My question is since my OPT is expired and I am planning to file a new H1B petition with new employer

1. What are the chances of new h1b approval in my case?

2. If the new H1B petition is approved can I start working for new employer before Oct1st in cap gap?  

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Hmm, for the H1 to be valid, you have to start working for the original H1 petitioner.

A new employer can not file an H1 transfer before Oct. 1, and until you have started working for the original petitioner on the H1.

If you don't work for the original employer on the H1, you are not considered counted in the quota.

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Joe, Thanks for your reply.


I heard that I have below two options:


1. New employer should file H1B amendment if I want to change before Oct 1st


2. If I wait till oct 1st I can apply for h1 transfer to change to new employer


Don't I have chance to go with 1st step that is h1b ammendmant now to transfer before Oct 1st ?



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