OPT H1B transition - 2 employers

[mjungf1]

Hello,

 

I have a few questions regarding the transition from F-1 OPT to H1-B. Currently, I am working for employer A on OPT. My OPT expires on May 31st, 2014 and I am planning on switching employers and working on an H1-B visa for company B thereafter. I know that the earliest day for a company to apply for an H1-B is April 1st, 2014 and the earliest day to start work is October 1st, 2014 resulting in a gap period of 4 months (June-September).

I also know if I switch employers (to company B) before April 1^st and have my employer turn in the H1B application I can work for company B during the gap period. I am not sure, however, if I can have employer B apply for an H1-B in April and keep working at company A until September 31st (and start at company B October 1st) or if even a mix of employment is possible (let's say stay at company A until July 31st, then start work at company B August 1st, 2014). I am also not 100% sure if I would need to be working for my new employer when they file for H1B in April or if I can keep working at my old employer until my OPT expires?

Would one of these options be possible or do I need to start working with company B before April 1st to be able to work in the 4 months gap period?

 

Thanks!

[jairichi]

Hello,

 

I have a few questions regarding the transition from F-1 OPT to H1-B. Currently, I am working for employer A on OPT. My OPT expires on May 31st, 2014 and I am planning on switching employers and working on an H1-B visa for company B thereafter. I know that the earliest day for a company to apply for an H1-B is April 1st, 2014 and the earliest day to start work is October 1st, 2014 resulting in a gap period of 4 months (June-September).

I also know if I switch employers (to company B) before April 1^st and have my employer turn in the H1B application I can work for company B during the gap period. I am not sure, however, if I can have employer B apply for an H1-B in April and keep working at company A until September 31st (and start at company B October 1st) or if even a mix of employment is possible (let's say stay at company A until July 31st, then start work at company B August 1st, 2014). I am also not 100% sure if I would need to be working for my new employer when they file for H1B in April or if I can keep working at my old employer until my OPT expires?

Would one of these options be possible or do I need to start working with company B before April 1st to be able to work in the 4 months gap period?

 

Thanks!

If an H-1B cap-subject petition is filed on the behalf of a student who has entered the 60-day grace period, the student will receive the automatic cap-gap extension of his or her F-1 status, but will not become employment-authorized (since the student was not employment-authorized at the time H-1 petition was filed, there is no employment authorization to be extended). 

 

In my opinion it would be wise to join employer B on OPT before filing of H1B petition and continue working using cap-gap authorized employment till H1B status kicks in.

 

And September has 30 days and not 31 :)

[mjungf1]

Thank you for your reply. Starting at employer B is my plan for now but I'm just wondering if it is even possible to have somebody other than your current employer submit the H1B application on April 1st and by when I would need to switch employers to remain eligible to work. 

I always thought it wouldn't matter who you work for as OPT is not employer specific so I would be able to work for any employer until September 30th. I'm not sure though if anybody other than my current employer can submit the H1B...

[jairichi]

Thank you for your reply. Starting at employer B is my plan for now but I'm just wondering if it is even possible to have somebody other than your current employer submit the H1B application on April 1st and by when I would need to switch employers to remain eligible to work. 

I always thought it wouldn't matter who you work for as OPT is not employer specific so I would be able to work for any employer until September 30th. I'm not sure though if anybody other than my current employer can submit the H1B...

Your H1B filing employer does not have to be the same for whom you are working on OPT.

[mjungf1]

Thanks that helps out a lot! If that is the case I can keep working at my current employer until at least May 31st. The only thing I

am not sure about though is the gap period from June to September this year and if I can keep working at my current employer until some specific date. I would think that if I start before May 31st at the new employer then I would qualify for the gap period for my new employer.

 

Thanks!

[jairichi]

Thanks that helps out a lot! If that is the case I can keep working at my current employer until at least May 31st. The only thing I

am not sure about though is the gap period from June to September this year and if I can keep working at my current employer until some specific date. I would think that if I start before May 31st at the new employer then I would qualify for the gap period for my new employer.

 

Thanks!

That is possible. Talk to an attorney.