if I accept the job from the new employer, and my h1b no-cap for the educational facility is approved before my first start date for the new company, can I still work for the new employer if they have a receipt number from their filing of the H1B-cap?

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if I accept the job from the new employer, and my h1b no-cap for the educational facility is approved before my first start date for the new company, can I still work for the new employer if they have a receipt number from their filing of the H1B-cap?

I am currently working for an educational facility that has filed for me an
H1b-no cap. H1b was filed Dec. 20th, 2018, and documentation has
been approved, but we are still currently waiting for final adjudication.
New company wants to hire me and offered to file for H1B-cap and pay
the premium processing fee. I currently have an OPT extension, so
moving to new company is an option but I’m unsure about the
consequences if my first H1B-no cap is approved before my start date
at the new company. My first question is, if I accept the job from the
new employer, and my h1b no-cap for the educational facility is
approved before my first start date for the new company, can I still
work for the new employer if they have a receipt number from their
filing of the H1B-cap since transfer is not an option? My OPT expires
May, 31st 2019 and the extension begins June 1st, 2019.

Asked on April 17, 2019 under Immigration Law, Arkansas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

but if the new petition would be a cap petition and the cap has been reached, it will not be possible for the new employer to hire you because their petition on your behalf would not be accepted for processing.


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