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Cap exempt H1 to cap subject H1

Discussion in 'General H-1 and H-3 Visa and Related Issues' started by imgdoc, Dec 21, 2006.

  1. imgdoc

    imgdoc Registered Users (C)

    I am currently on my 6th year of cap exempt H1. My current job ends in June 2007. I have a new job starting July 1st 2007, but that job's H1 will be subject to the cap. My I-140 is approved and I am planning to apply for a three year extension as per AC 21 provisions. My wifes 6 year H1 also will expire at the same time and she doesnt have a green card in process. Please clarify these questions for me:
    1. Should I wait until April 1st to apply for my new cap subject H1 or can I apply for it now?
    2.Can I start my new employment in July or should I wait until October for the new cap subject H1 to take effect?
    3.If I can apply only in April 2007 and start my new job only in October 2007, what should I do from July 1st to october 1st? Should I leave the country or can I get a B1 visa?
    Any suggestions sincerely appreciated.

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