回复：回复：回复：回复：H1B cap-exempt,转 cap-subject。有在4月递交申请之后开始工作的经验么？

The following from:

http://www.murthy.com/news/n_h1bemp.html

Example of Switching from Cap-Exempt to Cap-Subject Job
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Mr. X is working in H1B status for university A; a cap-exempt employer. He obtains a new job offer from private business B, which is cap subject. The new employer, B, files an H1B petition on April 2, 2007, requesting a start date of October 1, 2007. October 1st is the earliest possible start date, because when one moves from cap-exempt university employment to cap-subject employment, s/he must be counted against the H1B cap. So, the question arises: "Can Mr. X use the H1B portability provisions in AC21 to start work for employer B between April and October 2007, even before the start of the new H1B petition?"
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Argument Allows for Employment before H1B Start Date
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The exact language of AC21 permits the beneficiary who has already been issued an H1B visa or was in H1B status to accept new employment upon the filing of a new H1B petition. It does not reference the need for the start date to be immediate or put any other limitations in place. Thus, based on a literal reading of the law or statute, the argument is that a person should be able to start employment upon the filing of the cap-subject case, even if the start date of the H1B petition is months away.
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USCIS Opinion Allows Employment under Certain Conditions
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The USCIS opinion letter concludes that the portability provisions do not confer H1B status to the individual. Rather, what is given is a narrower benefit of continued employment authorization. Thus, the USCIS concluded that, in the example given, the individual would be permitted to continue working IF s/he is covered by a valid labor condition application (LCA), filed by employer B during the entire period from April until October 2007. Additionally, s/he must otherwise be eligible for an extension of status, with no "break" in the I-94 validity period prior to October 1, 2007. That is, in the example, the I-94 with employer A would need to extend at least until the requested October 1, 2007 start date with employer B.
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LCA Must be Valid from before H1B Requested Start Date
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We note that an LCA must be in place during the interim between the filing of the H1B petition by employer B and the requested start date. This is not difficult. It just needs to be done, even though that is not the normal practice. Typically, if an H1B case were being filed with an October 1, 2007 start date, the LCA validity would start on October 1, 2007. (It may have been prepared with a slightly earlier start date due to cap filing logistics, but that is an unrelated matter for this example.) In this example, the LCA would have to have a validity covering the period before October 1st, in which the individual wished to work for the new employer. Since LCAs can only be valid for a maximum of three years, this means that one may need two LCAs in order to cover the entire three-year period requested for the H1B.

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• 回复：回复：回复：回复：回复：H1B cap-exempt,转 cap-subject。有在4月递交申请之后开始工作的经验么？ -stevenfd- ♀ (641 bytes) () 01/31/2012 postreply 14:59:35