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H1B - Non profit to industry - work start date

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I work for a non-profit organization with a H1B visa.

I am planning to apply for positions in the industry. The visa number for FY 2012 are over, so If a new employer wants to hire me, they can file for a petition starting April 2012 for FY 2013.

if the petition is approved , when can I start working ?

Will I have to wait for Oct 2012 to start working for the new employer or can I start working once it is approved ?


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An employer who is not cap-exempt can file an H1 for you from April 1 on, with a start date no earlier than Oct. 1.

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There is also a h1b portability provision that can be used to start working for cap-subject employer after your new petition is filed.

Yes, but then you would have to stop working for the employer when the new H1 gets approved, and you could only start again on Oct. 1.

So, realistically, Oct. 1 is the start date.

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Isn't it possible to file H1b petition along with h1b portability petition, where you file another LCA to keep you valid and in status until Oct 1st. I think there is way to do that, otherwise for someone who is trying to move from cap-exempt to cap-subject this cycle will keep going.

Because you have to find a job before april 1st and if you cant start working until oct 1st, there will be hardly any employers who will be willing for wait for 6months.

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Because you have to find a job before april 1st

No. Why would you have to find a job before April 1?

The H1 quota has been open well past Oct. 1 in recent years, so there is no need whatsoever to apply right on April 1.

April 1 is only the earliest an H1 for the quota can be filed.

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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.

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