H1B transfer on OPT and cap-gap

P

prchan

Registered Users (C)
Hi,
I am currently on OPT and my employer has filed for my H1B petition.
My opt ends in July and as per the new rules if I am approved the H1B (which starts in Oct) the gap (July to Oct) will be filled automatically.

I have a new job offer and I am planning to switch to a different employer. As soon as I get the approval notice the new employer will apply for transfer-petition.

My concern is what happens if the transfer petition does *not* get processed before my OPT ends? Can I legally work from July31 - Oct 1 if the transfer petition is still pending?

Thank you
 
Are you sure that you can do transfer petition on it? I thought you could only do a transfer after the h1b becomes active in Oct.
Just confirm before you do anything.
 
I know couple of guys last year who did the transfer on their OPT before October. I am pretty sure it is possible. However, I am not sure what happens if the transfer petition is not processed before my opt ends in July
 
It is probably possible but I am sure a transfer is only possible once the original H-1B petition is approved as otherwise what are you transferring from.

I hope this job offer is worth taking the risk.
 
New employer has to file a new cap exempt petition and get approved before July (OPT end), only then you can use cap gap with that employer. Otherwise you have to wait until October 1 to join the new employer. (Assuming old employer's petition is not canceled and you are working for them till October 1)
 
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