H1-B Cap Exemption

mashah

New Member
Dear Mr. Khanna:

My OPT is expired and have applied for B1/B2 visa so that I can apply for H1-B starting this April, 2004. There are two types of companies, who might be interested in me. Company X, which is a non-profit environmental organization and Company Y, which is regular profit-making consulting firm.

1) Once I apply for my H1-B through company X, do I have to wait till October 1, 2004 to start my employment?

2) Can I work without getting paid till October 1, 2004,
a) While I am still waiting for decision on B1/B2?
b) Once I apply for my H1-B through company Y, while I am still
waiting for my decision on B1/B2?
c) Once I receive my H1-B either through company X or Y?

3) If answer to question 2 is yes then is there any documentation from INS that I can show to my employer and convince him that volunteer work is legally OK?
 
Originally posted by mashah
Dear Mr. Khanna:

My OPT is expired and have applied for B1/B2 visa so that I can apply for H1-B starting this April, 2004. There are two types of companies, who might be interested in me. Company X, which is a non-profit environmental organization and Company Y, which is regular profit-making consulting firm.

1) Once I apply for my H1-B through company X, do I have to wait till October 1, 2004 to start my employment?

++++++++++++++++++++Yes. Unless the company is a non-profit research company.

2) Can I work without getting paid till October 1, 2004,
a) While I am still waiting for decision on B1/B2?

++++++++++++++++++In my opinion, illegal.
b) Once I apply for my H1-B through company Y, while I am still
waiting for my decision on B1/B2?
++++++++++++++++++In my opinion, illegal.

c) Once I receive my H1-B either through company X or Y?
++++++++++++++++++Not until 1 Oct.

3) If answer to question 2 is yes then is there any documentation from INS that I can show to my employer and convince him that volunteer work is legally OK?
 
Top