H1B approved with Company A, want to switch jobs to Company B before H1B starting on 1st Oct 2021

Docutech
iceob

Docutech

iceob
May 13, 2021 5 Comments

My H1B got approved for 2022 with Company A. I want to switch jobs to company B and move my Visa that was picked with company A to company B.
Since my Visa technically isn't H1B right now, (its STEM OPT, CAP Gap) this wouldn't really be a 'transfer'.
My Cap gap basically is valid due to my H1B approval.
If company A gets to know about this new position they can always withdraw my H-1B application and ill be Visa-less since my STEM OPT expires in a month

1. Can I move to company B if they expedite my i-797 approval?
2. What are the chances of company A getting informed about this new position?
Do they get notifications when such a request is being made even before H1B starts from another company?
3. Should i wait until 1st October to switch jobs?

#workvisa #h1b #rfe #h1btransfer #capgaprequest

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TOP 5 Comments
  • Microsoft / Eng
    RoLF71

    Go to company page Microsoft Eng

    RoLF71
    You need a lawyer.
    May 13, 2021 0
  • New
    LxEb44

    New

    LxEb44
    Company B lawyer can initiate an H1B transfer based on Company A I 797 approval and once it gets approved then you can start working with company B from October 2021 on new H1B status. You may have to just stick with company A on your OPT status until the H1B transfer is approved with company B.
    May 13, 2021 1
    • New
      weirdwired

      New

      weirdwired
      During the background checks, if company A is notified of the impending job change, they can always withdraw the H1 application. You'll be screwed
      May 13, 2021
  • You need to file new H1B from companyB or wait to file transfer H1B in October
    May 13, 2021 0
  • HPE / Eng
    khatam

    Go to company page HPE Eng

    khatam
    You should probably wait until 1st Oct but I guess lawyer would be the best person to guide you.
    May 13, 2021 0