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H1b port from exempt to non-exempt status

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


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 to schedule a consultation.

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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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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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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