H1B transfer/portability

[TriumphKai]

Hi,

It's my understanding that after a worker obtains his/her H1b status with company A, when another company B files a new H1B petition on behalf of this worker, this petition won't be subject to the H1B cap again within the first 6 years of H1B. But my question is: is this 6-year period referring to the time this person had been working in company A Or the 6 years on the calendar?

The reason I'm asking this question is that I was terminated at my current H1B job yesterday (I've used about 2 years of total 6 year period) and I plan to change my status to B2 which allows me to stay for up to 6 months. Then during this time I'll try to find another H1B job as soon as possible or if not, I'll enroll in a full time MBA program. Let's say this program takes 3 years to finish, and after I graduate I secure a job offer, then this employer files a H1B petition for me. I have the following questions:

1. Will this new petition be subject to Cap?
2. How many years left can I work for the second employer in H1B status?
3. Do I need to worry about the renewal of H1B (after 3 years into H1B)?


Sincerely,
Kai

[raghvi]

Hi,

It's my understanding that after a worker obtains his/her H1b status with company A, when another company B files a new H1B petition on behalf of this worker, this petition won't be subject to the H1B cap again within the first 6 years of H1B. But my question is: is this 6-year period referring to the time this person had been working in company A Or the 6 years on the calendar?

The reason I'm asking this question is that I was terminated at my current H1B job yesterday (I've used about 2 years of total 6 year period) and I plan to change my status to B2 which allows me to stay for up to 6 months. Then during this time I'll try to find another H1B job as soon as possible or if not, I'll enroll in a full time MBA program. Let's say this program takes 3 years to finish, and after I graduate I secure a job offer, then this employer files a H1B petition for me. I have the following questions:

1. Will this new petition be subject to Cap?
2. How many years left can I work for the second employer in H1B status?
3. Do I need to worry about the renewal of H1B (after 3 years into H1B)?


Sincerely,
Kai

1. No.
2. 6 minus time already spent in H1 status, as long as it's within 6ywars of your last H1 pay date.
3. No.

Chances of COS to B1 or F1 are extremely low considering the fact that you are already past your last work day.

This is my opinion not legal advice