Swithcing Firms while H-1B Petition Still in Process


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Two quick questions -

1) If my current employer files for the for the H1-b as scheduled by April 1, and I move to another firm after that, does the in-process petition get transferred over to that firm if they are willing to sponsor the visa?

2) Similarly, what happens if the move to the other firm occurs after the petition is approved but before October 1, 2013?

I am currently on F-1 OPT expiring May 21 and plan to use Cap-Gap.

Thanks much!

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When your cap subject petition is pending approval, a new employer can file a petition for you.

However if cap is full by that times, then the new petition gets approved if and only if first

petition gets approved. If cap is not reached then both stand the same chance of getting approved.

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