H1b tranfer & cap

[archer7]

Hi Rajiv
I'm a medical resident on H1B transferring from an exempt employer to a non-exempt employer starting Aug. 1st 2004. I understand that I will be able to start working from Oct 1st bcause I come under cap. What will be my status from 8/1/04 - 9/30/04 considering the application will be received by the USCIS well in advance ? What start date should my attorney put on the application form 8/1/04 or 10/1/04?

thanks a ton in advance

 

[Rajiv S. Khanna]

Originally posted by archer7
Hi Rajiv
I'm a medical resident on H1B transferring from an exempt employer to a non-exempt employer starting Aug. 1st 2004. I understand that I will be able to start working from Oct 1st bcause I come under cap. What will be my status from 8/1/04 - 9/30/04 considering the application will be received by the USCIS well in advance ? What start date should my attorney put on the application form 8/1/04 or 10/1/04?

thanks a ton in advance

Let your attorneys decide. The fact that you have an existing H-1 (albeit with an exempt employer) may be a good argument to keep you in status.