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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.

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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.


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

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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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