Tweet
Hi All,
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 can’t 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.
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 can’t 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.
