H-1 Transfer from Cap Exempt to Cap Approved with startdate May 1st

S

ssood

New Member
My current 1st H1B is cap-exempt & I have not been counted against the quota yet. A new employer (not cap-exempt) recently filed a H1B transfer for me & it got approved with a start date of May 1st ‘06.

1. Does this mean that INS has mistakenly approved it from May ‘06, since the quota does not become available until Oct ‘06? What are the legal implications for me if this comes to light in the future?
2. Can I start work from 1st May ‘06 or should I bring it to the attention of INS?
3. For future H1B transfers, have I been counted against the quota or not?

Is it true that a lawyer cannot and should not ask for a start date of earlier than 1st Oct ‘06?
 
Please Share your experience.

I can see there is no reply for your question! I am in kind of same situation so, would be great if you could share your experience about what to do in this situation.

Thanks
 
daudaa said:
I can see there is no reply for your question! I am in kind of same situation so, would be great if you could share your experience about what to do in this situation.

Thanks
Click to expand...

Hey guys, so what happened with your joining dates? Did you join before October 1st?

I am on H1B right now. My H1B is sponsered by a university. Hence it is cap exempt. I have a job offer from a company which is ready to transfer my H1B
(under the cap). I have done my Masters in Science in Computer Science in US. Hence I am eligible for the transfer until the visas last in Masters category.

My question is if I dont take up this oppertunity, when would be the earliest next year that I would be able to join. I have read online on some websites that the joining date would be 1st October.

I am trying to find out the correct answer to my questions as soon as possible as the visas are running out in the Masters category. Any help would be appreciated.
 
Last edited by a moderator:
ahaly said:
Hey guys, so what happened with your joining dates? Did you join before October 1st?

I am on H1B right now. My H1B is sponsered by a university. Hence it is cap exempt. I have a job offer from a company which is ready to transfer my H1B
(under the cap). I have done my Masters in Science in Computer Science in US. Hence I am eligible for the transfer until the visas last in Masters category.

My question is if I dont take up this oppertunity, when would be the earliest next year that I would be able to join. I have read online on some websites that the joining date would be 1st October.

I am trying to find out the correct answer to my questions as soon as possible as the visas are running out in the Masters category. Any help would be appreciated.
Click to expand...

Yes! It is true that if you miss this year's Masters cap, you ned to wait untill October 1st 2007 to work, either under the general H-1B quota or the Masters quota.

Cheers
 
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