Legal Question in Immigration Law in Florida

Non-cap to Cap H1-B Visa

I am transfering employment from cap-exempt to cap H1-B visa. Do I need to wait for starting my employment with new company till october 1st 2009 or can I start working from the day of filing of application?


Asked on 6/25/09, 1:48 pm

2 Answers from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: Non-cap to Cap H1-B Visa

Dear Inquirer:

You can begin working with the new employer upon filing of the new H-1B petition under "AC-21" portability rules.

I recommend that you email me at [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a consultation to discuss this matter further.

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Answered on 6/30/09, 9:23 pm
Elaine Martin Law Office of Elaine Martin

Re: Non-cap to Cap H1-B Visa

If you are maintaining valid H-1B status now, you can start working for the new employer once the new petition is filed.

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Answered on 6/25/09, 1:58 pm


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