Rare OPT - H1b Case

[silvermission]

Hi,

Thanks for all your answers/suggestions. I am in a rare situation and would like to seek for advice.

I am on OPT expiring Aug 2011 and am working for an institution. They are currently in the process of applying for H1b for me, soon I'll be on pending H1b. I'll be exempted from the h1b cap since my employer is an institution.

However I really wish to get a corporate job in the US since I have been working with my institution for 3 years now. Therefore I am actively searching for a corporate job. My question is as follows:

1. Am I still on OPT when my H1b is pending with my institution?
   • If so, when I am offerred a new job from new corporate during this period, what steps should I take if I want the new job?
   • Say if I got new job offer beginning of July 2011 when my h1b is still pending, can start with the new company since there's still 1 month left in my OPT and also the law of the new company could file for petition before my OPT expires in Aug 2011?
2. Say if I h1b is approved, and my OPT is now invalid, can I switch to a corporate job? I know I will need to file a new petition under the h1b cap.
   • If so, may I start working with new company immediately and be in the process of filing for h1b, or must I request the new company to file for h1b under the cap until they get a receipt before I resign from my institution and join the new company?

Also, I am aware that a person can have multiple h1b, but I am not very certain on that.

Please pardon me if I created some confusion which I will gladly clarify. I appreciate all suggestions. Thank you.

[kabkaba]

If H1 start date is Oct 1 and if your current status is F1 at the time a for-profit company files your H1, you are eligible for cap-gap to work between end of OPT and Oct 1. The not-for-profit employer will need to withdraw their petition.
The matter is complicated and you may want to consult an experienced attorney whenever you get a for-profit job offer.