If some is on a h1(cap exempt when obtained) with one employer and applies for a new h1 for a new job(not cap exempt), and the new h1 is delayed because the cap has been reached, can he start working for the new employer using the provisions of the h1 portability act?
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H1 portability and cap
- Thread starter imgdoc
- Start date
Sorry, I didnt word this well. Portability would apply when going from exempt employer to non-exempt employer, but only if it is possible to file the new H1B by the non-exempt employer in the first place. If the cap is reached, then the new H1B cannot be filed, and then there is no question of portability applying or not.
So only if it is possible to file a new H1B we can think about portability. And if you cannot file the new H1B, you cannot start work for the new employer.
So only if it is possible to file a new H1B we can think about portability. And if you cannot file the new H1B, you cannot start work for the new employer.
Appreciate your help.
I can now apply for a h1 except for the fact that I dont have a license in the state in which I am applying. I have a job offer. Can I go ahead an apply now before the cap is reached and will the INS keep my file pending until I can submit my license to them? Or will they reject an incomplete application right away?
I can now apply for a h1 except for the fact that I dont have a license in the state in which I am applying. I have a job offer. Can I go ahead an apply now before the cap is reached and will the INS keep my file pending until I can submit my license to them? Or will they reject an incomplete application right away?
I dont know.This is something to be discussed with your attorney. Are you sure you need a state license to apply for H1B. H1B and all immmigration matters are handled at the federal level, not state level. So it cant depend on the state. The requirement is different for applying for the USMLE step3 exam, which varies from state to state. I assume you have passed step 3.
If what you sya is true, maybe send in the H1B application now to get into the cap, and then you would get a request for evidence and then send in your license.
Which state btw?
If what you sya is true, maybe send in the H1B application now to get into the cap, and then you would get a request for evidence and then send in your license.
Which state btw?
I am in a similar situation too. I am on my OPT right now and will end in May 20th. I have my H-1B approved by my Univ to start on March 20th. I have a prospective employer who is exempt from the cap and would like to hire me in June. He says he would like to file a H-1B transfer under normal processing right now because of unnecessary finanical expenses. I am fine with that as long as his theory of
" you can count a H-1B application to be under cap before it hits the cap no matter whether you get queried or not"
My biggest worry is Is this true or not?
I am thinking that a H-1B is not good until approved and I cant count myself safe until its approved for the new employer.
Will I be ok even if the H-1b app gets queried and INS/BCIS announces CAP is OVER before I get an approval?
Thanks a lot.
" you can count a H-1B application to be under cap before it hits the cap no matter whether you get queried or not"
My biggest worry is Is this true or not?
I am thinking that a H-1B is not good until approved and I cant count myself safe until its approved for the new employer.
Will I be ok even if the H-1b app gets queried and INS/BCIS announces CAP is OVER before I get an approval?
Thanks a lot.
Corrections to my previous post.
My future/prospective employer is not exempt from cap. His petition for my H-1B will defintely be counted against cap.
Also he said that applying for H-1B itself will make one counted against the cap. My employer might be true because INS/BCIS released a statement saying that 43,500 cases (either approved/to be approved) but didnt say 43500 already approved.
Can Some one shed more light on this?
If thats true, What will happen if many people apply for premium processing and the cap is reached and people who might have applied in dec/jan for normal processing might not have got approved. will they get rejected or what?
I would appreciate if some one can answer the above as soon as possible as this is concerned with atleast 2 people.
Thanks,
Nic.
My future/prospective employer is not exempt from cap. His petition for my H-1B will defintely be counted against cap.
Also he said that applying for H-1B itself will make one counted against the cap. My employer might be true because INS/BCIS released a statement saying that 43,500 cases (either approved/to be approved) but didnt say 43500 already approved.
Can Some one shed more light on this?
If thats true, What will happen if many people apply for premium processing and the cap is reached and people who might have applied in dec/jan for normal processing might not have got approved. will they get rejected or what?
I would appreciate if some one can answer the above as soon as possible as this is concerned with atleast 2 people.
Thanks,
Nic.
The cap has not been an issue for several years, so it is very difficult to say much with 100% accuracy. The last time that I remember the cap being an issue was in 2000 and before that in 1999. INS did things (if memory serves) somewhat differently in 1999 than they did in 2000. Many things have changed since then (September 11th, the economy has changed dramatically, and probably most importantly, INS does not exist and it's successor, USCIS, is not even part of the Department of Justice).
Sorry, given the magnitude of the changes, I just don't feel confident enough to say how they will handle the cases this year.
Sorry, given the magnitude of the changes, I just don't feel confident enough to say how they will handle the cases this year.