H1B Cap Exempt Petition - can the start date be controlled?

hicopicobm

By hicopicobm,
in H1B : Portability Issues

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hicopicobm Member

hicopicobm

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I am in India...I have approved H1B from current company A which starts from Oct 1st 2013...I am planning to transfer to compnay B and travel for them...company B will apply in premium processing....after my transfer is successful I will resing from compnay A and serve their 2 months of notice and only then travel and join company B...therefore in best case scenario I will be in US for company B in first week of Jan... now my question is when company B applies for cap exempt petition for transfer can they mention my start date as 1st Jan 2014 so that my visa petition gets a start date of Jan 1st 2014? or the start date will be automatically the the day my petition gets approved i.e. say 15th Oct 2013? the reason I am asking this question is, if my petition starts from 15th Oct and I travel in Jan after serving my notice period I unnecessarily lose 2.5 months of my work authorization....I understand that I can claim those 2.5 months in extension petition later but I just wanted to know the rule/process

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jairichi Advanced Member

jairichi

Posted
Posted

I am in India...I have approved H1B from current company A which starts from Oct 1st 2013...I am planning to transfer to compnay B and travel for them...company B will apply in premium processing....after my transfer is successful I will resing from compnay A and serve their 2 months of notice and only then travel and join company B...therefore in best case scenario I will be in US for company B in first week of Jan... now my question is when company B applies for cap exempt petition for transfer can they mention my start date as 1st Jan 2014 so that my visa petition gets a start date of Jan 1st 2014? or the start date will be automatically the the day my petition gets approved i.e. say 15th Oct 2013? the reason I am asking this question is, if my petition starts from 15th Oct and I travel in Jan after serving my notice period I unnecessarily lose 2.5 months of my work authorization....I understand that I can claim those 2.5 months in extension petition later but I just wanted to know the rule/process

Yes, your company B can ask for a start date of 1st Jan 2014

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