Regarding H-1B transfer special case

[truegrit]

Hello,

I am currently having an offer from a company and they have filed for my H-1B on April 1st.
Just yesterday, I received an offer from another company who is willing to give me full-time position starting in November. They are offering me a internship position before that from August to October. I am interested in joining this company.

Assuming that my new company files for a transfer of H-1B, I have the following doubt -
Given that the H-1B status will begin from October 1, will I be legally able to work as intern for the duration of October month? (as they will convert me to full-time employee only in November) Is there any requirement that needs me to only have a full-time employee status on October 1 with my employer?

I would really appreciate any help.

Thanks and regards

[raghvi]

Hello,

I am currently having an offer from a company and they have filed for my H-1B on April 1st.
Just yesterday, I received an offer from another company who is willing to give me full-time position starting in November. They are offering me a internship position before that from August to October. I am interested in joining this company.

Assuming that my new company files for a transfer of H-1B, I have the following doubt -
Given that the H-1B status will begin from October 1, will I be legally able to work as intern for the duration of October month? (as they will convert me to full-time employee only in November) Is there any requirement that needs me to only have a full-time employee status on October 1 with my employer?

I would really appreciate any help.

Thanks and regards

Are you in US or outside US?

If your H1 is selected in the lottery, and if it is approved, then you must start working and getting paid for the H1 start date by the employer who filed you H1, unless, before the H1 start date with employer A, the other employer B, files for a cap exempt petition, and gets it approved, in that case you should be able to work for them.

This is my opinion not legal advice.

[truegrit]

Are you in US or outside US?

If your H1 is selected in the lottery, and if it is approved, then you must start working and getting paid for the H1 start date by the employer who filed you H1, unless, before the H1 start date with employer A, the other employer B, files for a cap exempt petition, and gets it approved, in that case you should be able to work for them.

This is my opinion not legal advice.

Assuming I am my H-1B gets approved, but my employer is unable to let me join as a full-time employee from Oct. 1st, can I stay in H-1B status till the joining date? (Nov. 1st in my case) They are ready to keep me as an full-time intern during the month of Oct.