Question on H-1B cap

[Naga1010]

Question on H-1B cap: not in FAQ

Q129 from H-1B FAQ says

"I was issued H1B visa on March 13, 2001 - March 13, 2004. I came to US on H1B in May 2002 for first time and worked for 3 months (May 2002 - July 2002) and went to India. ......"

Can one obtain a H-1B approval/visa for an employer (A) with a starting date of Oct 1, 2006 (say) but start working later, say March 1, 2007?

1. Does it have to be the same job with employer A? Will this require another H-1 petition?
2. Can it be for a different job with A? Will this require another H-1 petition?
3. Can it be with a different employer (B)? I assume this will require another H-1 petition.

If another H-1 petition is required, will it be subject to the cap?

In other words, once a H1B petition is approved, is it not subject to the cap again, even if the employee-to-be doesn't work for a single day ?


Best
Nag

 

[great guru]

Q129 from H-1B FAQ says

"I was issued H1B visa on March 13, 2001 - March 13, 2004. I came to US on H1B in May 2002 for first time and worked for 3 months (May 2002 - July 2002) and went to India. ......"

Can one obtain a H-1B approval/visa for an employer (A) with a starting date of Oct 1, 2006 (say) but start working later, say March 1, 2007? YES
1. Does it have to be the same job with employer A? YES Will this require another H-1 petition? No, but POE you may have to explain your late arrival
2. Can it be for a different job with A? Yes Will this require another H-1 petition? No. But later stage an amendment to existing h1 b is required3. Can it be with a different employer (B)? No I assume this will require another H-1 petition. Yes
If another H-1 petition is required, will it be subject to the cap? if you are not entered in to Us, then cap yes. Your approved h1 go wasted / not utilized.
In other words, once a H1B petition is approved, is it not subject to the cap again, even if the employee-to-be doesn't work for a single day ?


Best
Nag

 

[Naga1010]

Thanks for the reply. No wonder the H1B cap ran out so fast ... the only cost to the employers is the filing + lawyer fees.
Is it worth writing to the USCIS suggesting a penalty for unused H1B approvals?

Best
Nag