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  1. #1
    Join Date
    Sep 2018

    Default Can a H1b Transfer Be Initiated While You Are on Cap Gap (Current H1b Expired)

    Can a H1B transfer be initiated while you are on CAP gap, i.e. Previous H1B has expired and current company has filed extension.

    H1-B is expired but an extension was filed before the expiration. So, current legal status is valid since extension is in process.

    However, if I want to switch jobs right now. Can the new employer file for a transfer before I get approval for my H-1B extension from current employer?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can a H1b Transfer Be Initiated While You Are on Cap Gap (Current H1b Expired)

    H1B transfer is something of a misnomer -- it involves a second company applying for a H1B visa while you are already in status through another employer. Also, cap gap is a process that can automatically extend F1 status, not H1B status.

    If you are mistaken in your terminology, and your situation has nothing to do with a F1 visa or the cap gap, then it is possible to change employers while your current employer's petition for an extension remains pending -- but your new employer will also have to petition for an extension along with its petition for an H1b visa on your behalf. These are issues that your prospective employer can work out through its immigration lawyer.

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