Switching from Cap Exempt Employer to Cap Subject Employer before October (without going outside USA) and CONCURRENT H1B.

[drusa_2006]

Currently with Cap Exempt COMPANY A in 6th Year H1B & plan to work there until May 2014. I do have I-140 GC approved through Company A. Never been in Cap h1 b4.

I am looking to switch jobs to a Cap subject COMPANY B soon. We can get a concurrent H1B for working part time(PT) initially with them. COMPANY B will file GC ASAP.

Question:When I change over Full Time to COMPANY B from previous concurrent Part time H1B in May/June 2014,

1) will I be able to able to make this switch ?- to go full time for COMPANY B even when I am not going to work with cap exempt COMPANY A -after May 2014) (the I-140/GC meant for future employment is going to be valid and not revoked)

2) Do I need to stop working with COMPANY B till Oct. 1st? OR previous PT ConcurrentH1B 4 COMPANY B is able to converted to Full time without issue?

(Current H1 is valid till Oct 2014 with opportunity to recapture 30 more days which I spent outside USA on vacation. Given my birth origin country, it will take about 3-4 more years for reaching the I-485 stage from this point in time.Thank you.)

[pontevecchio]

Based on an approved I-140 you can get 3 year H1 extensions with any company.

[jairichi]

Currently with Cap Exempt COMPANY A in 6th Year H1B & plan to work there until May 2014. I do have I-140 GC approved through Company A. Never been in Cap h1 b4.

I am looking to switch jobs to a Cap subject COMPANY B soon. We can get a concurrent H1B for working part time(PT) initially with them. COMPANY B will file GC ASAP.

Question:When I change over Full Time to COMPANY B from previous concurrent Part time H1B in May/June 2014,

1) will I be able to able to make this switch ?- to go full time for COMPANY B even when I am not going to work with cap exempt COMPANY A -after May 2014) (the I-140/GC meant for future employment is going to be valid and not revoked)

2) Do I need to stop working with COMPANY B till Oct. 1st? OR previous PT ConcurrentH1B 4 COMPANY B is able to converted to Full time without issue?

(Current H1 is valid till Oct 2014 with opportunity to recapture 30 more days which I spent outside USA on vacation. Given my birth origin country, it will take about 3-4 more years for reaching the I-485 stage from this point in time.Thank you.)

1. With AC21 portability either you can work concurrently or full time with cap subject employer after filing of cap subject H1B petition.

2. If you are working full time with cap subject H1B employer after filing of a cap subject H1B petition then you have to stop working after H1B petition approval. If you are working concurrently you need to stop working for cap subject H1B employer after H1B approval but can continue working with cap exempt employer.

[drusa_2006]

(I do not prefer to go outside USA for stamping neither nor do I want to have a break in my continued employment when I make this switch.)

 

Will I be able to work from June 2014 -Sept. 2014 Full time with COMPANY B? based on the prior 3 Year concurrent H1B .....