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Cap-exempt to Cap-subject H1b

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  • Cap-exempt to Cap-subject H1b


    I have been working for a cap-exempt employer A for the past few years. I wanted to move to for-profit organizations and since, I was not counted under cap previously, my new employer B filed a cap-subject H1b petition in April 2014 and it was approved. I was hoping to start working with employer B from Oct 2014, but due to personal reasons, I want to continue with employer A until next June(2015). But, before I make that decision, I want to find out answers to some of my questions.

    1. Is there time limit before which I have to join my new employer B, assuming he doesn't revoke my H1.

    2. I have signed an employment contract with employer B before he filed my H1b, which states that I will join in Oct 14 provided the H1 petition is approved. Would that put me in a legal obligation to join them in Oct 14?

    3. If employer B is ready to let me off the hook, since I was already counted under cap, Can I move to any other for-profit organization(next June)? Would that be cap-exempt even though I didn't actually work on my cap-exempt H1b?

    4. The reason I am pushing my joining date to next year is because I will be taking maternity leave in Feb 2015 and I don't belive I will be eligible for any benefits with employer B as I would have worked with them for only 4-5 months by then. If I had to join employer B in Oct 2014 and go on leave of absence, how will that affect my H1 status, because I would probably not get paid during that time. Is there a limit on how long one can be on Leave of absence without pay, while on H1B.

    Please kindly answer my questions as it would greatly help me make right decision.

  • #2
    Could someone please respond. I really need help. Thanks.