H1b port from exempt to non-exempt status

Asked almost 2 years ago - Boston, MA

I'm currently working under h1b visa for a university, cap exempt. I'm looking to port my H1b visa to private sector. When will be the earliest that I can start working and is there anyway to apply for transfer within the fiscal year? I really want to start the new job as soon as possible!

PS: I work in finance, and the job offer is in a hedge fund.

Attorney answers (3)

  1. Tripti Sharad Sharma

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . The window for filing for the next fiscal year opens on April 1, 2013 with start date of employment of October 1, 2013.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  2. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You will be subject to the CAP ... thus, you can not begin work prior to October 1, 2013.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Alex Gregory Isbell

    Contributor Level 11

    1

    Lawyer agrees

    Answered . I agree with my colleagues that you will likely be subject to the H-1B cap. I think that the only possible exception to this would be if you have been counted against the cap within the past six years. In other words, before you started working for the University you worked in H-1B status for a cap-subject employer. If this is the case, then you may not be subject to the cap.

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