回复:Don't understand - 回复:请教Pjiang 等大师, porting H1B cap-exempt to

来源: 2010-01-14 16:05:04 [博客] [旧帖] [给我悄悄话] 本文已被阅读:

Sorry, I did not make it clear.
Here is the situation:
1) An H-1B employee works for cap-exempt institute and never works for cap-subject employer before.
2) If an H-1B is filed on his behalf by a cap-subject employer this April 1st and get the cap number.
3) The employee wishes to port his cap-exempt H-1B to cap-subject H-1B under AC-21
and the employee meets the portability rules


From previous documents, it is clear he can start to the new employment when is H-1B is filed.

However, USCIS does not have clear interpretation about what will happen if the H-1B is approved. Strictly speaking, he can not work until Oct 1st.

My question is
Does USCIS has new interpretation about what will happen after the H-1B approved?
Or did you hear any cases in which that an employee continued his employment after the H-1B was approved and before Oct 1st?

Thanks a lot.