H-1B Change of Employer

Rahul Reddy

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Currently i am on OPT and My OPT will expire on June 18th 2016. I have already applied for my STEM Extension and it is under Process. As the rules have been changed for STEM Extension i will be receiving an RFE to prove that i am eligible for 24 Months Extension. I recently got to know that my H-1B was picked in the Lottery. Now it is under Premium Processing and expecting an Update in coming 2 Weeks. Now i have a Full time offer from one of the Clients and i want to change my Employer. Can that be done between the period of H-1B approval and October 1st ? If so, what status will i be on till October 1st. If Cap-Gap is an Option, can i change my Employer while on Cap-Gap(Recently my DSO said that OPT can't be printed when Opted for Cap-Gap, where in i cannot change my Employer).


I can be still be able to legally work in US for 180 days after my OPT has expired as my STEM Extension is in Process. Lets say i have received an RFE for STEM extension and i replied to it. In that way OPT Extension is still in Process. I am thinking of changing my Employer once the H-1B is approved. Can i change my Employer in between the Period where my OPT is Expired and my STEM extension is in Process? 


Thanks In Advance.



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H1 Can only be transferred after October 1st?? I don't think it works that way.. I was told that H1 can be transferred any of the Time once it is Approved.


Nope. USCIS clarified in 2015 that you have to be in valid H1 status first before the H1 can be transferred.

See http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/

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