exempt to non-exempt H1B transfer

[mann]

My wife is currently on exempt H1B and wants to switch to an industry job. If she finds an industry job who is willing to file non-exempt H1B; when will she be able to work for that company?

· Will she be able to work as soon as the petition is filed as in regular non-exempt H1B transfer scenario?

· Will she have to wait until approval of H1B and can she work immediately after approval (or)

· Will she have to wait until the start data of the non-exempt H1B which will be October 1^st?

[JoeF]

The company would have to file an H1 in the quota from April 1 on, and she could only start there on Oct. 1

[mann]

Hi Joe,

One of my friends was in the same scenario but he started working as soon as his application got approved. He did not have have wait until October 1st. In fact the attorney said that he could have started working as soon as the petition for the non-exmpt visa was filed even though he was switching from exempt H1b visa category. Also, he had never been counted under the cap before. This was his first exmpt visa petition.

I am totally confused becuause I have read several forums and I am getting mixed repsonses. What is the right answer for this situation. Can you start working immediately after you file a petition for the cap visa or do you have to wait till October 1st.

Is there a website where you could actually read the law as it is stated in the constitution.

[JoeF]

Hi Joe,

One of my friends was in the same scenario but he started working as soon as his application got approved. He did not have have wait until October 1st. In fact the attorney said that he could have started working as soon as the petition for the non-exmpt visa was filed even though he was switching from exempt H1b visa category. Also, he had never been counted under the cap before.

If he has not been counted for the quota, he can only start on Oct. 1. Everything else is illegal work.

There is only one exception: if the person continues to work for the exempt employer, then the person could in addition work for the non-exempt employer.

Is there a website where you could actually read the law as it is stated in the constitution.

The immigration law is online.

[mann]

Thanks! Joe.