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pymeh

H-1b non-profit to H-1B profit_Start date

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I have been working on H1B non-profit for 4 years. My new employer is willing to file for H-1B( profit) under premium processing. I was wondering if I am eligible to start working as early as May, 2014 when i receive H-1B approval and if AC21 portability will hold true for my case.

 

Thanks!

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I have been working on H1B non-profit for 4 years. My new employer is willing to file for H-1B( profit) under premium processing. I was wondering if I am eligible to start working as early as May, 2014 when i receive H-1B approval and if AC21 portability will hold true for my case.

 

Thanks!

First your cap subject H1B petition has to be picked in lottery. Once this petition gets approved you have to stop working for for-profit employer and wait till 1st Oct.

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I have been working on H1B non-profit for 4 years. My new employer is willing to file for H-1B( profit) under premium processing. I was wondering if I am eligible to start working as early as May, 2014 when i receive H-1B approval and if AC21 portability will hold true for my case.

 

Thanks!

If the application is picked in the lottery and the employer has received the receipt notice, you could start working for the new employer.

You would have to stop working once the H1 is approved, and could only start working again on Oct. 1.

The only way around that is to work for both employers until Oct. 1.

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Do I have to work for the old employer until October first? When if I work for the new employer and resign from the old one? What if was able to work for the old employer for about 1 month then quit?! Do you have a INA or anything I can read about this rule?!

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Do I have to work for the old employer until October first? When if I work for the new employer and resign from the old one? What if was able to work for the old employer for about 1 month then quit?! Do you have a INA or anything I can read about this rule?!

If you stop working for old employer and start working for new employer once your H1B petition is picked in lottery you would need to stop working if cap subject H1B petition gets approved before 1st Oct. You can commence your employment again only after 1st Oct.

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Do I have to work for the old employer until October first? When if I work for the new employer and resign from the old one? What if was able to work for the old employer for about 1 month then quit?! Do you have a INA or anything I can read about this rule?!

If you resign from the old employer before Oct. 1, you would have to leave the country, and you would be able to come back on Oct. 1 to work for the new employer.

The issue is that the new H1 would only start on Oct. 1.

So, if you quit the old employer before Oct. 1,  you would be out of status.

That's all standard H1 rules stuff.

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If you want to work for the new employer under AC21 portability, which is theoretically possible, then you don't want to use premium processing as portability only applies while the petition is pending.

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