H1B transfer during OPT/Cap Gap Extension


chris123

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Hi,

 

I have an offer with employer B and they are starting to file my new H1B petition. My current employer filed my H1B petition and I got my approval notice. Right now I am on my OPT Cap Gap extension. My question is once I get my H1B receipt from my new employer I was told by them I can start working for them. Now if I give my 2 week notice to my current employer after getting the receipt that my petition is filed and if they revoke their petition after I get my receipt from USCIS will there be a problem. Will I still be counted under cap exempt ? please advise.

 

Thanks,

D

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Hi,

 

I have an offer with employer B and they are starting to file my new H1B petition. My current employer filed my H1B petition and I got my approval notice. Right now I am on my OPT Cap Gap extension. My question is once I get my H1B receipt from my new employer I was told by them I can start working for them. Now if I give my 2 week notice to my current employer after getting the receipt that my petition is filed and if they revoke their petition after I get my receipt from USCIS will there be a problem. Will I still be counted under cap exempt ? please advise.

 

Thanks,

D

On H1B you can start working for new employer only after approval and with an earliest start date as Oct 1st 2014.

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