During Gap Cap while F1 OPT expired and H1B activate on oct 1st - Job Terminated


Recommended Posts

Hi All,

 
My friend laid off and she has been given 60 days notice period. Based on her below visa status, even if she get job before her termination date, she has one questions to forum 
 
Will the new employer able to apply for transfer H1-B that will only be activated after Oct 1st ?
 
Important dates.
 
F1-OPT expired on                   Apr 30th 2014
H1B valid from Oct 1st 2014 to March 3rd 2014
Currently in CAP-GAP status
Her Job termination date          Sep 15th 3014
Link to comment

Hi Jairichi, 

 

"A new employer can file a cap exempt H1B pertition." Is it called H1b transfer or new cap exempt H1B petition ?

 

 

Some other question in mind:

Currently my friend is in CAP-GAP status. For some reason, if she was able to get her job only after October 1st and her employer files for H1B Transfer on October 2nd.

 

Would her 2 weeks US stay (between 09/15 and 10/01), will be called out of visa status and illegal ?

in that case, can new employer can file for cap exempt H1B pertition ?

Link to comment

 

Hi Jairichi, 

 

"A new employer can file a cap exempt H1B pertition." Is it called H1b transfer or new cap exempt H1B petition ?

 

 

Some other question in mind:

Currently my friend is in CAP-GAP status. For some reason, if she was able to get her job only after October 1st and her employer files for H1B Transfer on October 2nd.

 

Would her 2 weeks US stay (between 09/15 and 10/01), will be called out of visa status and illegal ?

in that case, can new employer can file for cap exempt H1B pertition ?

 

There is nothing called H1B transfer. It is a new H1B petition and being cap exempt.

In this case she will be asked to provide latest pay stubs to show that she is in valid status in US. Since she will not be able to provide them, once her H1B is approved (without I94 in I797) she has to exit and enter US with a H1B visa and new I797.

Link to comment

Growth in the story, A new prospective employer told me this. Their company will not be able to initiate "new H1B petition with cap exempt" before October 1st. Because the H1b is not yet activated.

 

Is there example, in the past, any company which initiated "new H1B petition with cap exempt" before October 1st and received approval on that.. So that Beneficiary dont have to leave the country, he can simply do job switch  & work ?

Link to comment

Archived

This topic is now archived and is closed to further replies.