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kxd23

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About kxd23

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  1. kxd23

    H1B - Non profit to industry - work start date

    Reading the memo, which you can find here http://www.************** , from USCIS on this topic will answer most of these questions. I don't think that one needs to stop working when the H1B, which is sponsored by the cap subject employer, is approved and wait till Oct 1.
  2. kxd23

    Cap-Exempt to Cap-Subject

    Hi nup123: I think you can start working when the new cap subject employer submit the new H1B application on April 2, 2012. (April 1 is Sunday) if the LCA start date is April 1 and end date is whatever date the company wants (generally 3 years from the start date). You can continue working after the new application is approved. According to the memo from USCIS (which you can read here http://www.************), you don't have to stop working once it is approved. Hope this helps.
  3. Hi! My situation is very similar to the one described at http://www.murthy.com/news/n_h1bemp.html I am working in H1B status for a university, a cap-exempt employer. The current H1B and I94 are valid till June 30, 2012. I obtained a new job offer from an employer, which is cap subject. The new employer has submitted a LCA requesting start date from April 1, 2012 and will file an H1B petition on April 1, 2012, requesting a start date of October 1, 2012. October 1 is the earliest possible start date, because when one moves from a cap-exempt university employment to a cap-subject employment, s/he must be counted against the H1B cap. An experienced lawyer working for the new company assured me that I work for the new job between April 1 and October 1 2012. The murthy.com also explains that in the post I mentioned above. But I still have a confusion because my current I94 will expire on June 30, 2012 and I believe that the new I94, if the H1B from the new employer is approved, will start from Oct 1, 2012. Can I still work and stay legally in the US from July 1 to Sept 30, 2012? Thank you
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