jjawahar Posted August 12, 2013 Report Posted August 12, 2013 Hello Bhayyas, [font=arial, sans-serif][size=3] I have an H1B query regarding H1B transfer in Cap-Gap and my case details are as follows.[/size][/font] [font=arial, sans-serif][size=3] Currently, I am working with Employer A from past 1year and is on Cap-gap which is provided to me to be able to legally work in US till 09/30/2013. I had this provision because I have an approved H1B from A which starts from 10/01/2013. Now I have a full time offer from Employer B and they are willing to transfer my H1B as well. [/size][/font][font=arial, sans-serif][size=3] Am I eligible to transfer my H1B to Employer B before October 1st or do I need to wait until then? In case they transfer my H1B, do I need go through consulate process or am I eligible to work for them being in cap-gap?[/size][/font] [font=arial, sans-serif][size=3] FYI: I do not have access to attorney from employerB [/size][/font] [font=arial, sans-serif][size=3] Suggestions would really help me a lot.[/size][/font] Quote
ChaitanyaVaddadi Posted August 12, 2013 Report Posted August 12, 2013 CAP GAP is valid for existing H1... if u apply for h1 transfer now, CAP GAP is taken away the new employer can file only for [font="Helvetica, arial, sans-serif"][color="#282828"]non-cap-subject H1B change of employer petition. [/color][/font] Quote
jjawahar Posted August 12, 2013 Author Report Posted August 12, 2013 Thanks bro Does this mean... Incase I have applied for H1B transfer, I ll have to go for stamping and then re-enter US? Quote
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