F1 to H1, no OPT


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Hi Team,

I have a dual masters in USA one graduated and I will be graduating in September 2016 for second one, after my first masters I did not use my OPT (left USA) but lost it. I returned back on F1 again.

Now I applied for H1 B - it's picked in lottery but still waiting for approval notice.

Have couple of question in current situation:

1) can I stay in USA after my graduation and before I receive H1B approval notice ? Is there anything similar to Cap-gap?

2) while I am still waiting for H1 B approval can there be employee change or any other new employee apply for new H1 B ? I found many answers related to this question but none spoke about H1b situation before it has been approved for the first time?

Thanks a lot.

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You have 60 days after graduation to leave or change status. Cap-gap is only for situations where a person is using OPT and it expires before the H1 kicks in.

An H1 transfer is only possible after you have started working for the original H1 employer. This has been answered here lots of times.

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Thanks for replies .... I think people seek the forum to get advice and check about any possibilities of getting out of the situation and that's how it works or we get to know right things and sometimes we may be wrong and may also miss on few obvious things due to situations they are going through.... Please do consider all that .

Thanks a ton again for replies

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