Change a job during Cap-Gap extension.

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Anonymous Jul 30, 2012 Employment 3 views 3 answers

I am currently on F1 cap-gap, my OPT was expired at June 15, and company A has file premium H1 request for me. Now I want to change to company B, but H1 cap is already full. -Can I change the job to company B before Oct, 1st ? -If I can what prove do I need to show HR because it 's required EAD card which is already expired. - Can I do H1 transfer before Oct, 1st?

Attorney Answers

F Capriotti 2793192.Html

F Capriotti 2793192.Html · Jun 15, 2026

Talk to the company B lawyer ... or hire one to represent you personally.

0 upvotes

Robert K D'AndreaImmigration AttorneyGlendora, CA

Robert K D'AndreaImmigration AttorneyGlendora, CA · Jun 15, 2026

You must wait for the company A petition to be approved before filing for change of employer. You should speak with an experienced U.S. business immigration attorney about your options. Robert K. D'Andrea, Attorney at Law D'Andrea Law Corporation, PLC (626) 240-4688 www.dandrealaw.com [email protected]

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Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed

Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed · Jun 15, 2026

Since you are already in H-1B status, you have already been counted against the cap once. You are now no longer counted against any cap. Thus, you can now have Co. B file a new H-1B petition on your behalf ASAP.

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