H1 Transfer - last pay stub is on Sept 31st


sant1130

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Hi,

i lost my previous job in September, my last paystub is on sept 31st, i recently found a job , they applied for LCA and we are in the process of sending documents to USCIS.

 

my attorney is on vacation and she will be back on Jan 06th and she will send the documents then. 

its been 3 months i am out of job , so attorney suggesting instead of H1 transfer, lets apply through "Cap Exempt H1" can i apply my H1 through that?

 

who are eligible for "Cap Exempt H1"?

 

is it worth if i apply for H1 transfer or Cap exempt H1 now? (as i am out of job for last 3 months)

 

please suggest me

 

Thanks in advance

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Hi,

i lost my previous job in September, my last paystub is on sept 31st, i recently found a job , they applied for LCA and we are in the process of sending documents to USCIS.

 

my attorney is on vacation and she will be back on Jan 06th and she will send the documents then. 

its been 3 months i am out of job , so attorney suggesting instead of H1 transfer, lets apply through "Cap Exempt H1" can i apply my H1 through that?

 

who are eligible for "Cap Exempt H1"?

 

is it worth if i apply for H1 transfer or Cap exempt H1 now? (as i am out of job for last 3 months)

 

please suggest me

 

Thanks in advance

What is your current status? If you have not utilized 6 years (max allowed on H1B) you are cap exempt.

Cap exempt H1B petition is nothing other than H1B transfer.

If you are currently out of status your cap exempt H1B petition would be approved as consular processing i.e. you need to get exit and enter US on H1B visa.

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What is your current status? If you have not utilized 6 years (max allowed on H1B) you are cap exempt.

Cap exempt H1B petition is nothing other than H1B transfer.

If you are currently out of status your cap exempt H1B petition would be approved as consular processing i.e. you need to get exit and enter US on H1B visa.

Thank you Jarichi,

i didn't change my status , i am on h1b only

this is my 2nd yr of h1b i got my first h1b in oct 2012

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Thank you Jarichi,

i didn't change my status , i am on h1b only

this is my 2nd yr of h1b i got my first h1b in oct 2012

Then you are out of status.

An H1 would not get approved as EOS, so you will have to leave the country.

 

And either the lawyer doesn't know what he is talking about or you didn't understand it.

There actually is no such thing as an H1 transfer. It is always a new H1 petition. And if you have counted been counted for the quota and haven't used up the 6 years, you are not counted again, i.e., the H1 is cap-exempt.

What I assume the lawyer meant was that you can't start working while the new H1 petition is pending.

Even if it gets approved, it would not be possible to start working because you are out of status. You will have to leave the country, maybe get a new H1 visa (if the old one is expired), and then re-enter.

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i was searching for job and by the time i got it and started the process it is this late

You should have files a change of status to some other status, e.g., B2, immediately on layoff. That would have kept you legal.

Too late now, but you would have known had you actually consulted this forum earlier...

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