Hello,
I am currently in US on cap gap. I have an approved h1b with employer A with a start date of oct 1 2014. Employer A is saying that he will withdraw the h1b on sept 30. Meanwhile I have another job offer in hand. Can I apply for a new cap-exempt h1b through employer B before oct 1? will I be considered cap exempt. Or should I tell employer A to withdraw on Oct 1 and tell company B to file on Oct 1 as I will be effectively on h1b status then?
I am currently in US on cap gap. I have an approved h1b with employer A with a start date of oct 1 2014. Employer A is saying that he will withdraw the h1b on sept 30. Meanwhile I have another job offer in hand. Can I apply for a new cap-exempt h1b through employer B before oct 1? will I be considered cap exempt. Or should I tell employer A to withdraw on Oct 1 and tell company B to file on Oct 1 as I will be effectively on h1b status then?