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  • H-1B transfer

    If one changes jobs from a cap-exempt employer to a cap-employer, can he/she start working immediately after the cap-employer files for H-1 or does he/she have to wait until the H-1B petition is approved?
    Thanks.

  • #2
    If one changes jobs from a cap-exempt employer to a cap-employer, can he/she start working immediately after the cap-employer files for H-1 or does he/she have to wait until the H-1B petition is approved?
    Thanks.

    Comment


    • #3
      H-1B nonimmigrants that leave a cap-exempt employer to work for an employer not exempt from the cap will be counted toward the cap in the year in which they change jobs.

      Don't know how a professional attorney will interpret this but as per law, in order to be eligible for this provision, the individual must have been lawfully admitted to the United States, the new petition must have been filed before the expiration of the period of stay authorized by the Attorney General and the individual must not have been employed without authorization in the United States before the filing of such petition.

      In fact, this appears to be a gray area. I think you can apply for transfer but can start working for the new company only after October 1 as you will be subject to the cap for this year.

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