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Posted on 16 Apr 2011
Q.

H1 transfer- non cap to cap

I currently have a cap exempt H1B with a non-profit research institute. I have also accepted a job recently at an Plastics industry. The company filed the H1B petition(cap limitation) with USCIS on March 31 2011. The Uscis has approved my petition on April 13 2011 as a starting date from Oct 1 2011. I know that H1B portability provisions will allow me to work from today. When I enquired with my company they said that "In the event that the H-1B cap is met prior to October 1, 2011, you would no longer have authorization to continue working for company". As Company interest I join the company and start working from May 12 2011 and H1B cap is met at June 2011, then I will be unemployed from June to Oct 201l. What can I do to avoid this situation?. Can I join the company back from Oct 1 2011?

User's Location: Rockville, Maryland, United States of America
Category: General Immigration
Posted on 17 Apr 2011
A.
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David Rubman
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Rubman & Compernolle
(312) 341-1907

www.rubmanlaw.com

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