Work under CAP-GAP after H1B approval

[naligeti]

Hello,

 

To keep it simple, I have had a H1B approval in 2012 from a company X but never worked under H1B for X since I lost the Job just before getting started on H1B. So I reverted back to OPT and since then working for Company A under OPT extension which expires June 01, 2014. Company A filed my H1B under CAP-subject(attorney went that route just to make sure) last month and I was picked up in lottery and is now in processing. However, I got a new Job in Company B which filed my H1B (start date: June 1, 2014) under CAP -Exempt since I have an approval in the last 6 years. 

 

Now, I can work under CAP-GAP rule  with Company A from June 1, 2014 through Sep 30, 2014. My question is, If my H1B is approved with Company B, I will be able to start work with them from June 1, 2014 but can I also continue to work for Company A under CAP-GAP simultaneously after June 1,2014? Please advice.

 

 

[rahul412]

I guess you can't work during the cap gap, but I am not sure. Ask your school DSO.

[naligeti]

I CAN work under CAP-GAP but can I work concurrently on a H1B and CAP-GAP for two different employers?

[rahul412]

I CAN work under CAP-GAP but can I work concurrently on a H1B and CAP-GAP for two different employers?

Once you start working on H1,you Cap gap is gone. You will be on H1.

[naligeti]

Thank you. One last question, Can I stop working for Company A on the last day of my OPT expiration and resume work on OCT 1, 2014 provided H1 getting approved? 

[rahul412]

Thank you. One last question, Can I stop working for Company A on the last day of my OPT expiration and resume work on OCT 1, 2014 provided H1 getting approved? 

That's what you are suppose to do.