OPT changing employer(New) but H1B aprroved with old employer

[Harmeek]

Hello Experts I need quick advice.

I was working with company A on OPT since June last year and this year also got H1B approved with same employer that is valid on 1st OCT 2013.
My OPT ended on June 2013 but got extended till Sept 30.

With Employer A I was on bench since March 2013 and was not paid anything now I got permanent position with company B and I have to Join immediately.



My question is can I join company B as I am still on OPT and after some time I transfer my H1 to company B may be after month or so after explaining them my whole situation because I don't want to tell them now about all this and confuse them.


Please reply ASAP.

Thanks in Advance.

[kabkaba]

You can join B based on your cap-gap extension (you have your I-20 with cap-gap extension right?). But the new employer must file your H1 petition before OCt 1 because your status will change on Oct 1 and then you can only work for A, unless B has also filed their petition before Oct 1.

[Harmeek]

You can join B based on your cap-gap extension (you have your I-20 with cap-gap extension right?). But the new employer must file your H1 petition before OCt 1 because your status will change on Oct 1 and then you can only work for A, unless B has also filed their petition before Oct 1.

Thanks for reply. But I checked some post it say you cannot work as I got capgap coz of H1B approval with A company in order to work on capgap with company B I need to notify DSO and also apply for H1 trasfer with new company .. Is it correct ??.