Urgent:H-1B Portability before active date

M

moonlightmist

Registered Users (C)
Urgent, please help me out.

I was hired and used my OPT to work for company A. My H-1B from company A is approved April, 2006, but won't be effective until Oct 1, 2006. I was fired by company A in June, 2006. Company B is willing to sponsor my H-1B now, but the quotes are all gone. My OPT is expired by now and i am in grace period. My question is whether the H-1B quote from company A can be portable to company B? Am I exempt from the cap?
 
Generally, H1 stands void as soon as the company withdraws its sponsorship. In your case if you still have a valid H1 documentation, this means that company probably forgot to inform the INS about its decsion regarding your employment. So technically your are still a "current H1 worker" and hence dont need to adhere to any cap.

(just an opinion!)
 
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