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Immigration Issues/CapGap and Employer Change

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Question
Hi,

I am on my OPT, scheduled to end Aug 24. My current employer has filed for H1B and it is approved. In the mean while I have received another job offer from an insurance company who is willing to do an H1B transfer (since I've already been approved).

MY question: Can I start working with the new employer from Mid August? I will be in OPT then and the following week my OPT will end & I will be in OPT capgap arrangement. I've read contradictory statements on a few forums that since H1 does not start until Oct, I cant work with my new employer.

Pls advise.

I am also not sure if I am allowed to change employers a week before my OPT capgap kicks in.

Answer
Hi,

You can work for any employer under cap-gap provisions of OPT until Oct. 01 as long as the employer successfully files an H1B petition between April 01 and Oct. 01, and if you notify the DSO (also known as international student advisor) about any changes in employment.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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