Change of employer and H1B transfer during CAP-GAP......!!!!

Dear Members,

My H1B got approved for the Employer X. with the start date

as Oct 01, 2013 I got a new job offer and i want to move to that before the
start of my H1B i.e Oct 01, 2013.
The new Employer Y is ready to do H1B transfer before Oct 2013

My current work status is OPT/CAP-GAP
My question is

1) Is it possible to change the Employer name on my Cap-Gap I-20

    If so, Can I change the Employer name before he apply my H1B Transfer

2) Should I change the Employer name on my Cap-Gap I-20 after the new employee
    apply H1B transfer.
3) Should I change the name of the Employer only after my H1B transfer got approved.

My new Employer/Company Y is concern with the name on the CAP-GAP i-20 and
they want their name over there.
Waiting for your reply and thanks in advance.
  1. If you are on regular OPT, then you can change employer and let your DSO know about it. If you are on OPT extension, then the new employer needs to be e-verified. Also, when you leave current employer they may withdraw the H-1 petition, which will end your cap-gap. So my suggestion would be to first get H-1 petition filed throigh new employer and then change employers. Your new attorney can guide you through this.

  2. Yes, you need to inform your school DSO about the change in employer.

  3. If you are confident about approval of H-1 transfer, then change employer soon after it is applied. Otherwise wait for the approval to come through (it can be applied in PP to get quicker result).

Thanks for the reply.
My current status is CAP-GAP
So, I need to Waite till my H1B transfer gets approve
I dont have a problem with my present employer (He would not withdraw the H1B petition). He know about my change and he is fine with it.
Is there any way I can start working real early with my New employer


If the current employer is fine w/ the change and will not withdraw the petition then you can join the new employer on cap-gap (let school about it) and upgrade the current petition to PP so that you can timely decision. Then ask the new employer to file cap-exempt petition for you, so that you can continue to work for them beyond Oct 1.

Thanks for the reply
I told my DSO(school) to carry the same action but their reply to me is
“consult an immigration attorney for the questions you
have regarding change of employers during Cap Gap”
and they are not ready to change or update the I20 with new employer details.

Why are they not ready to update employer details? They are required to ensure your SEVIS record is always up to date.

Anyways, consult your new employer’s attorney and see what they have to say.

Yep will do that ASAP and will update the information


Hi Saurabh,

I am in similar situation. H1 B approved from Employer A (my project is also ending) and have a better offer from Employer B. But here my OPT STEM extension is valid till Dec, 2014.
when can i start working with my new employer?
If my current employer wants to revoke my petition , what can be done in that case?