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What will be the start date for a new Job?

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  • What will be the start date for a new Job?

    My friend got laid off on May 1, 2009. He was on a H-1B for less than a year. He filed and got approved for a Change of Status to B-2 (valid from July 17th, 2009 through Jan 16th, 2010). Meanwhile, as was expected his earlier employer had sent the notice to USCIS for revocation of his earlier H-1B. He is now searching for a new job. The questions I have are:

    a) If a new employer files for H-1B for him, will he not come under any cap? Also can his H-1B can be filed any time of the year?

    b) If the new H-1B is filed in Aug, with premium processing, then would his start date be Oct 1st, 2009 only, or can he start working earlier?

    Please help, he is looking for a job pretty aggressively but because someone told him that he cant start working till oct 1st he is pretty tensed!

  • #2
    H1b FAQs has the answer. Not subject to cap and can start work only after the new H1b COS is approved as he is on B1/B2 now.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Thanks for your reply. I know that he can start work only after COS is approved. But what would be the start date? Has it got to be 1st Oct or can it be before that too incase the COS is approved accordingly.

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      • #4
        Not subject to cap means Oct 1st has no significance.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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