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  #1 (permalink)  
Old 01-31-2013, 06:41 AM
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Default H1B Portability, cap-exempt to cap-subject

I have been working for last 5 years in a non-profit govt. organization (Employer-A) and have been in cap-exempt H1B. My 6 year VISA will end 25th February, 2014. Now I have got an offer from Private Organization (Employer-B) where the H1B VISA will be cap-subjected. Now I am having problem in switching from cap-exempt VISA to cap-subject VISA as there is no more H1B quota available at this stage. Three different lawyers have told me 3 different things.

1. My H1B VISA petition can be filed in April 1, 2013 and I can start working from October 1, 2013.
2. As soon as my H1B VISA petition is filed in April 1, 2013 and have the receipt number, then I can start working. My status from April 1 to October 1 will be on Employment Authorization and I canít travel out of country.
3. No quota limit is applicable as I have valid H1B (does not matter if cap-exempt or subject). I can start working immediately as soon as my VISA petition is filed. As per Lawyer, if my petition is filed on premium, I would get new I-797A in two weeks.
Has anybody gone through this type of situation, kindly suggest.

Employer-A has filed my green card application in EB-2 NIW category, not yet received I-140. When approved, can I transfer my I-140 to Employer B.
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  #2 (permalink)  
Old 02-05-2013, 04:03 PM
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life science is on a distinguished road
Default H1B Portability, cap-exempt to cap-subject

Hi,

I am in a similar situation. I too have come across split views regarding H1B portability from cap exempt to cap subject (for an individual who has never been counted under the cap). The three situations that you mentioned here sum up the story well.

Kindly let us know how things turn out for you. It will clear doubts for those in similar situations.

If I get any information, I will keep you posted !

Thanks !
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Old 02-07-2013, 09:05 AM
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Hi,
Still I do not know what is the correct procedure to switch from cap-exempt to cap subject. Some lawyer say cap will not apply as you have current H1-B visa, does not matter whether obtained from cap-exempt or cap-subject category. And some say it will be subjected to quota and one can not file until April 1st if no quota is available. Will update you If I get some information.

Thanks
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Old 02-07-2013, 09:24 AM
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Thanks for responding. I too shall get back to you if I come across any information. Keep me posted too ! Good luck !
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Old 11-20-2013, 09:33 PM
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Hi Lula,

Did you get any information about your situation.

Thanks,
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