IMP:H1B transfer cap gap

[soul legend]

Hello all,

I work for company A who applied for my H1b FY2012 which has now been approved (I guess from I797). my OPT ended on 14 june, so am in cap gap right now until 1st oct.

I have been offered another job now by company B.

So does company B has to file a new application or apply for transfer H1b.

Also would it be possible for me to tarvel to INDIA. If yes when(at earliest).

Thanks a lot.

WOuld appreciate any help.

[Attorney_22]

Generally, if an individual is valid F-1 status and working pursuant to OPT when an H1B cap-subject petition is filed on his/her behalf with an October 1, 2011 start date, that individual will be provided protection pursuant to the Cap-Gap provisions if the OPT work authorization expires between filing and October 1st. Secondly, if an individual is the beneficiary of an approved cap-subject H1B petition for FY2012 beginning October 1, 2012, it is possible for a new employer to file a non-cap-subject H1B change of employer petition to begin October 1, 2011 or later. Furthermore, an individual benefiting from the Cap-Gap provisions my travel abroad prior to October 1st, however the individual will need to obtain an H1B visa to re-enter the U.S. Generally, an individual is only allowed to enter the U.S. within ten days of the start date of the new petition. The above information is only general may be affected by an individual’s personal circumstances; therefore it is always advisable to speak directly with a qualified U.S. immigration attorney.