cap exempt h1b to cap subject h1b (h1b petition filed)

[duanyangzi]

Hi,

I've been working in an non-profit company for 2 years. My current I797 will expire in December, 2013. I have found another job in a profit making company, and they have filed the h1b petition for me in June 2012 and have received the receipt of notice. The second company would want me to start working in early July (before Oct 1) and stop working if the h1b petition is approved before Oct 1.

(1) Can I really do that legally? (Although the company's lawyer confirmed that it is legal, I am still concerned)

(2) Do I need to leave the US if the petition is approved before Oct 1? Will I be out of status during that period. The company's lawyer told me that I do not need to leave the US but I am not sure what status would I be during that period of time.

I know this sounds very complicated. But the company is willing to accept the gap and have me work immediately.

If any one know the answers or have more insights, I sincerely appreciate it.

Thanks a lot!

[Attorney_10]

Generally, in certain limited circumstances, an individual on H1B with a cap exempt employer can begin working for a cap subject employer while the petition is pending. Generally, the LCA must be certified for an immediate start date, the petition must be filed for a change of status, and the beneficiary must have an valid I-94 that will be valid through October 1. Please schedule a consultation with an experienced immigration attorney to discuss the specific requirements and your eligibility to begin working while the petition is pending, as well as the risks associated with this option.