Cap-exempt to cap-subject concurrent till next April and then transfer?

[wlvsj]

I am currently on cap-exempt H1B. Got a job offer from a cap-subject company later in April, when no cap numbers are available for fiscal year 2014.

From my understanding, my only option right now if I wish to start working for the cap-subject company is concurrent H1B. I need to find out how and when I can change to work for the cap-subject employer only.

I think by virtue of the portability rule, when there are still H1B visa numbers available (e.g. April 1st), an employee can transfer from a cap-exempt employer to a cap-subject employer upon receipt notice (ref: http://www.immihelp.com/forum/archiv...p/t-97061.html). Suppose the cap-subject employer files a concurrent H1B for me right now, when it comes to April 1st next year, do they need to submit a new petition so I can 'transfer' and work exclusively for the cap-subject company upon receipt notice in April?

Thank you for any suggestions.

[shettysids]

Hi did you ever find a solution to your situation? I am facing the same problem.

Thanks!
Sid

I am currently on cap-exempt H1B. Got a job offer from a cap-subject company later in April, when no cap numbers are available for fiscal year 2014.

From my understanding, my only option right now if I wish to start working for the cap-subject company is concurrent H1B. I need to find out how and when I can change to work for the cap-subject employer only.

I think by virtue of the portability rule, when there are still H1B visa numbers available (e.g. April 1st), an employee can transfer from a cap-exempt employer to a cap-subject employer upon receipt notice (ref: http://www.immihelp.com/forum/archiv...p/t-97061.html). Suppose the cap-subject employer files a concurrent H1B for me right now, when it comes to April 1st next year, do they need to submit a new petition so I can 'transfer' and work exclusively for the cap-subject company upon receipt notice in April?

Thank you for any suggestions.

[wlvsj]

Hi, no, we consulted with a couple of lawyers but no one can give us a definite answer re: concurrent H1B. I now work for that cap-subject company in its overseas office as an independent contractor.

Hi did you ever find a solution to your situation? I am facing the same problem.

Thanks!
Sid

[nganesh0402]

Hi did you ever find a solution to your situation? I am facing the same problem.

Thanks!
Sid

Hello Sid,

What was your situation and how did you handle this ? Can you please let me know as I am in the same sitn right now.

Thanks