Yes you are and timing does not matter in a sense that your employer can still file.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.com; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
Yes. No. Yes.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.
Am I eligible to use the H1B remaining period (almost four years)
and avoid re-applying for new H1B
and be subject to cap?
You are currently cap exempt
- If I am eligible, does timing matter and does filing under H1B remainder happen only once a year?
Or can I start working in the US any time as long as I have an employment letter?
No, You need to have an approved H-1b filed by the employer you will be working for.
Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
- Am I eligible to use the H1B remaining period (almost four years) and avoid re-applying for new H1B and be subject to cap? You are not subject to the cap if the employer was not cap exempt.
- If I am eligible, does timing matter and does filing under H1B remainder happen only once a year? Or can I start working in the US any time as long as I have an employment letter?
Your prospective employer is required to petition for you. Once approved, you need a visa to travel to the U.S. and enter to work.
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 or 415 902 0832 to schedule a consultation.