Ajaxfet Posted July 13, 2015 Report Posted July 13, 2015 I am currently working for a cap-exempt employer on their H1-B that expires in January 2016. I have an approved cap-subject H1-B petition with another employer with the H1-B starting on 10/1. I want to retain the option of working for the cap-exempt employer beyond 10/1, and so want to have them file for a renewal of my cap-exempt H1-B. Is this legal to do? Or do I have to switch employers on 10/1?
jairichi Posted July 13, 2015 Report Posted July 13, 2015 Current employer has to file an extension of cap exempt H1B petition.
Ajaxfet Posted July 13, 2015 Author Report Posted July 13, 2015 Thank you very much for the response. I have been assuming that I have now been counted against the cap since I have the approval notice for a cap-exempt petition, and that I can join the new employer any time on or after 10/1/15. But I read at one place that I might lose my status of being counted against the cap if I don't join the new employer on 10/1/15. Is that true? If it is, how long do I have to work for the new employer to be considered as being counted against the cap? And should this period begin from 10/1? Thank you again for your response.
Ajaxfet Posted July 14, 2015 Author Report Posted July 14, 2015 Thank you very much for your response. I have a few more questions which I would be grateful if you could answer. 1. Do I have to tell my current employer that I have an approved cap-subject H1-B petition before I ask them to file for a renewal? 2. Will this filing for cap-exempt H1-B renewal cause USCIS to inform my current employer that I already have a cap-subject petition approved? 3. Can the employer who sponsored my cap-subject visa revoke the approved petition after 10/1 if I don't join them on 10/1?
Ajaxfet Posted July 14, 2015 Author Report Posted July 14, 2015 I inadvertently posted the last message; nothing had appeared for a long time after I posted my 2:55 p.m message. Sorry about this.
jairichi Posted July 15, 2015 Report Posted July 15, 2015 Thank you very much for the response. I have been assuming that I have now been counted against the cap since I have the approval notice for a cap-exempt petition, and that I can join the new employer any time on or after 10/1/15. But I read at one place that I might lose my status of being counted against the cap if I don't join the new employer on 10/1/15. Is that true? If it is, how long do I have to work for the new employer to be considered as being counted against the cap? And should this period begin from 10/1? Thank you again for your response. I think if you exit and enter US with a valid H1B visa and I797 of cap exempt H1B on 1st Oct 2015 you will continue to stay on that H1B and cap exempt employer can file for an extension. Check with an attorney as I am not 100% sure about this.
jairichi Posted July 15, 2015 Report Posted July 15, 2015 Thank you very much for your response. I have a few more questions which I would be grateful if you could answer. 1. Do I have to tell my current employer that I have an approved cap-subject H1-B petition before I ask them to file for a renewal? 2. Will this filing for cap-exempt H1-B renewal cause USCIS to inform my current employer that I already have a cap-subject petition approved? 3. Can the employer who sponsored my cap-subject visa revoke the approved petition after 10/1 if I don't join them on 10/1? 1. Not required. 2. No. 3. Yes, by law they need to revoke your H1B petition once you join them. This will not affect the fact that you are cap counted. As long as cap subject employer does not revoke petition before Oct 1st you are fine.
Ajaxfet Posted July 15, 2015 Author Report Posted July 15, 2015 Thank you again. You say "Yes, by law they need to revoke your H1B petition once you join them". Why would they revoke if I join them? Did you mean they need to revoke if I do not join them? So does this mean an active H1-B cannot lie "idle" for any length of time, and so, effectively, I am required to join them on 10/1/2015?
jairichi Posted July 15, 2015 Report Posted July 15, 2015 Thank you again. You say "Yes, by law they need to revoke your H1B petition once you join them". Why would they revoke if I join them? Did you mean they need to revoke if I do not join them? So does this mean an active H1-B cannot lie "idle" for any length of time, and so, effectively, I am required to join them on 10/1/2015? Sorry. "If you do not join them". Your situation is a bit tricky for me to suggest you the way forward. Kindly wait for other members response or talk to a good immigration attorney.
Ajaxfet Posted July 17, 2015 Author Report Posted July 17, 2015 Thank you again for the response. Let me leave aside my situation for the time being. In general, is the candidate required to work from 10/1/2015 if the validity period starts from 10/1/2015? My reasoning is that the H1-B allows one to work in the validity period. If one wants to join at a later date, say 3/1/2016, one should be able to do so if the employer has no issue.
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