You are here:

Immigration Issues/H1b transfer cap-exempt to cap-subject

Advertisement


Question
QUESTION: I am on H1b (cap exempt). Can I work for industry (cap subject) before October. My problem is if I ask employer to sponsor now with a start date of October it is little difficult. Someone told me that I can start working after filing until the visa is approved. For e.g. if my visa is filed on May 1, 2012, and approved on Aug 31st, I can work from May 1st to Aug 31. After that I will have leave US and come back for work from Oct 1st. Is it true. I need your expert advice. Thank you.

ANSWER: Hi,

You can be employed by the cap subject employer prior to Oct. 01 only if this is concurrent employment, i.e., you will be working both for the cap-exempt as well as cap-subject employer.

If it will not be concurrent employment, your employment cannot begin prior to Oct. 01 due to visa cap issues.

---------- FOLLOW-UP ----------

QUESTION: Thanks for your very prompt reply. How it can be practically done i.e. how I can work both for university and the company. Kindly let me know.

Anuranjan

Answer
An H1B petition can be filed for part-time employment, and you can have multiple employers: www.h1b1.com/concurrent.htm

However, the ultimate control of the number of hours worked per week, etc. and whether the H1B petition is filed at all is of course based on the cooperation of your employer, as only the employer can file the H1B petition.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.