H1B transfer during CAP GAP

Q: H-1 visa holders unemployment benefits

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Q: Can I change status from B1/B2 to F1 without leaving US?

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Q: Do all misrepresentations carry a lifetime bar or just (ii) where you claim to be a US citizen when ur not?

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Q: Will I have any problems applying for citizenship, having filed taxes late?

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Q: F2 Visa to H-1B Visa with little complications?

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Q: I aplied for political asylum in USA,I want to know if i can travel in other counties than Usa only with alien number???

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Anonymous May 25, 2015 Immigration 3 views 3 answers

I am an international student on OPT and my current employer filed for my H1B this April. I received a receipt notice from USCIS and my H1B petition is under review. If I land another job before Oct, 1st 2015 would I be able to switch jobs? If yes, then how would the process work? Thank you.

Attorney Answers

Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed

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

Speak with the second prospective employer's immigration lawyer. Not a wise thing to attempt prior to having "activated" your still to be acquired H-1B petition if and when the original petitioner's H-1B petition gets approved. You can only "activate" your H-1B status by actually starting to work for the original petitioning employer, even for a few days, after which a new employer can file a transfer petition on your behalf.

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Tripti Sharma

Tripti Sharma · Jun 15, 2026

Ask to speak with the new employer's immigration attorney. May be the attorney will get into how he would process the work.

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F Capriotti 2793192.Html

F Capriotti 2793192.Html · Jun 15, 2026

I would not, I repeat NOT recommend this course of action. If I may 'preach/teach' a bit .. why not show some loyalty to the company that just spent thousands of dollars getting the H visa?

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