overlap in h1b visas

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immipassion

Registered Users (C)
overlap in cap-exempt and non-exempt h1b visas

hi,
i am currently employed at a university and my cap-exempt h1b expires end of this year. i am planning of moving to industry sometime this summer. i know that the new h1b visa will be subject to cap and start from oct'07. so, i need to find a job by early summer (last year cap was reached by july end). but if my new visa gets approved too soon, say in May, would it invalidate my existing visa and effectively terminate my university employment? or would i be an employee of the new company only from oct 1st?

thanks much,
IP
 
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Thank you so much for clarifying that. I would also appreicate any insights on EAD/H1 usage.

I had concurrently filed EB-1 I-140 and 485 in Nov 2006, so according to AC21 portability requirements, I should be eligible for job change by the end of May'07. Among my options are:

1. Applying for EAD soon and use it to get more and better job options. Risky if I-485 gets rejected due to change of job and H1b cap is exhausted by then.

2. Find a company ready to sponsor H1b, even if not a great job, and file asap. Will approval of new H1b before May end affect my eligibility for AC21?

3. Apply for EAD but do not use it. Keep looking for job offers with H1b sponsorship. I beleive it is legal? If it works out before cap expires, good. If not, use EAD assuming I485 is still pending. Same as 1 - risky if 485 gets rejected!

4. Apply for EAD now but do not use it later. Apply for H1b via consulting companies in early Apr. Get a job with EAD in summer and if I-485 gets rejected join the consulting company or get approved H1b transferred to present or other job. Least risky if workable but I am hesitant to exploit loopholes in H1b systems.

Any other suggestions are most welcome too.
 
immipassion said:
2. Find a company ready to sponsor H1b, even if not a great job, and file asap. Will approval of new H1b before May end affect my eligibility for AC21?
Click to expand...
H1 and GC process are two different things. Approval H1 has nothing to do with
AC21 eligibility.
3. Apply for EAD but do not use it. Keep looking for job offers with H1b sponsorship. I beleive it is legal? If it works out before cap expires, good. If not, use EAD assuming I485 is still pending. Same as 1 - risky if 485 gets rejected!
Click to expand...
It is legal, however, when your I485 is adjudicated, you MUST have valid employment offer.
Problem is you can't predict when your I-485 come to adjudication. it might be today, so it is better to have an offer all the time.


It is always adviseable to keep H1 if possible. it is safe bet.
 
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H1 and GC process are two different things. Approval H1 has nothing to do with AC21 eligibility.

So, I guess it goes back to your original response that getting H1b approved does not mean new employment has started. I will still be employed by my previous employer. Its good to know there is no conflict of intention wrt immigration status.

Quote:
3. Apply for EAD but do not use it. Keep looking for job offers with H1b sponsorship. I beleive it is legal? If it works out before cap expires, good. If not, use EAD assuming I485 is still pending. Same as 1 - risky if 485 gets rejected!

It is legal, however, when your I485 is adjudicated, you MUST have valid employment offer. Problem is you can't predict when your I-485 come to adjudication. it might be today, so it is better to have an offer all the time.
That is a very good point. Since I am expecting visas to run out within 2 months this year and I do no plan to change jobs at least till May end, I think that is fine. only w/o H1b and w/ change of jobs my risk multiplies.

It is always adviseable to keep H1 if possible. it is safe bet.

Couldn't agree more. Hence, option #4, however hard I try to resist it. :(
 
if someone is on cap-exempt H1B visa and applies for non-exempt visa, is it:
(1) considered a new visa which has to start from oct 1? or
(2) considered a transfer visa which can start earlier than oct 1?

thanks
 
Being subject to quota implies H1 is given in Oct as quota opens up in Oct.
Most probably start date will be oct 1.
 
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