cap-Exempt->cap-subject H1B....Stop work upon approval? Where does this come from?


hurtmeplenty

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I just wonder if there is any official source explicitly support this "stop work upon approval and resume on Oct 1" statement?

I asked a few law firm and they say they are aware of such statements but it is just personal interpretation of individual lawyers who irresponsibly extrapolates things and it is not in official document anywhere.

The portability rule is meant to solve this catch-22 non-sense. It doesn't make sense to stop work upon approval and it is not official documents! So stop spread this bullshit!

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If you haven't been counted for the H1 quota yet, you would only be allowed to work for the new employer from the new H1 start date on, which BY LAW can not be before Oct. 1.

The H1 transfer rules allow a person to work for the new employer while the new H1 petition is pending, also per the LAW.

Putting these two things together results in being able to work while the new H1 petition is pending, and having to stop when it is approved, and then being able to start again on Oct. 1.

Your only other option would be to leave the country, and come back on Oct. 1.

The "portability rule" does NOT have special rules for people who wish to change from exempt to non-exempt.

It is YOU who has to learn things and it is YOU who should stop posting BS.

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