transferring cap-exempt H1b to cap-subject h1b


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I currently work for a university on a cap-exempt H1-b, I received a

job offer from a private company (which is a cap-subject employer). I

am looking to see when will be the earliest that I can start working for the

private company.

I know that my new employer will need to file a new H1-b, however, can I

start working on April 1st 2012 when my new H1-b is filed, under that AC21

H1b portability provision? Or will I have to wait until Oct 1st 2012 when my

new H1-b takes effect?

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Generally, if an H1b holder is moving from a cap-exempt H1B employer to a cap subject H1B employer the new H1B petition will need to be filed under the H1B cap. The earliest one may file a cap subject petition is April 1 with a request for an October 1 start date. Generally, the H1B holder may only begin working with the cap subject employer after the H1B petition has been approved and start date on the approval notice takes effect.Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the different options that may be available to you.

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