zerlesen

Going from a cap-exempt position to a cap-exempt position is no problem (at least, not as far as the cap is concerned). Going from a position subject to the cap to some other H-1B job is no problem because you've already been counted against the cap. But if you want to transfer from a cap-exempt position to one that is subject to the cap then all the usual H-1B availability problems can come into play.

Sally Redux

Ah I see.

sherbert

Yep... and cap exempts are few and far between...

tht

If you leave by land I would keep some evidence to show you left, like an onward ticked or credit card activity etc from the country you go to. Would be even worse if they had no record of you leaving and that caused issues for you later.... I think the point here really is it will be on you to prove you left, not them to prove you did not...

I knew a guy who quite a job on H1b to go back to Europe and start a business , he left right away and came back on visa waiver to tie up lose ends.

What was a bit weird was he went to the Caribbean, which for visa waiver does not count as leaving (in terms of the 90 day cap), but I assume that because he did not leave on the visa waiver, but a visa that was OK.

S Folinsky

I'm a big fan of the Nolo Press books which are designed for many areas of law [including immigration] to aid the "DIY" person. However, they have points where they go "consult a lawyer" or "hire a lawyer." I try to follow the way Nolo does it in my postings here.

BostonBrit Expat Since 03

Yep, you can xfer your H1B, should be straight foward, the difficulty is finding an employer that will do it, but if your in the tech feild I see no real issue to be honest. You can start working when you recieve a receipt so in theory a couple of weeks after you apply for the H1B transfer....or more if the new company needs an LCA.

on the reccomended lawyer front others have mentioned, heres my 2Cents
I really dont see how a personal lawyer will help you, what are they going to do, speak to the new company lawyer and get a better deal that would be weird!....or contact you current company and complain the job wasnt as described....that would be interesting to battle over being on a temp visa...maybe someone can elaborate for you how that will help....ive been on a H1 for 6 years and transferred once prior to getting an EB1C so have a bit of experience and never once had my own lawyer at any stage!!

sherbert

Nope, because the initial visa is cap exempt and you can't transfer to a capped
H1b, only to another cap-exempt one. So we have to start the whole H1b process again.

Methinks it smacks of certain professionals trying to justify their usefulness

BostonBrit Expat Since 03

[QUOTE=sherbert;11427390]Nope, because the initial visa is cap exempt and you can't transfer to a capped
H1b, only to another cap-exempt one. So we have to start the whole H1b process again.


Im assuming they will transfer to a same or similar position therefore the cap wont apply as they already have it qualified for 6 years....obviously if they are an IT specialist and want to be an astronaught thats a different story

Michael

Cap exempt is normally for non profit organizations such as universities, charitable organizations, etc.. It is not a matter of just finding another similar job but finding a similar job that is in a cap exempt organization.

Since someone in a cap exempt position didn't get the H-1B visa via a quota, they can't convert a cap exempt H-1B to a quota H-1B.

BostonBrit Expat Since 03

yep my fault, I should of caught the fact they are in a cap exempt H1B

md95065

What your own attorney can do is to give you advice specific to your situation.

In particular, they may be able to suggest alternate ways of achieving whatever it is that you are trying to do or warn you of potential problems with whatever course of action you are thinking of taking.

Sure, if your situation is simple and straightforward and you are sure that you know what you are doing then there is no need for you to consult an attorney.

I have spent quite a lot of time working with attorneys and the biggest and most important thing that I learned about the law while doing that was how much I don't know ...

zerlesen

Further to that point.

S Folinsky

Ron Klasko is an immigration attorney well respected within the immigration bar. BTW, Ron is the man to left in profile in profile wearing the blue shirt. One of his claims to fame is the Walsh & Pollard case. Although its been over 20 years, his lecture on the case at the AILA national convention is still a memorable one.

As an aside, if the new employer should be a British owned organization, the "E" category may be a possiblity.

Hotscot

Cause in the land of milk and honey there are no layoffs in high tech and it's easy peasy to get a job?

BostonBrit Expat Since 03

Whos talking about job stability and layoffs??, Im just stating that in a high tech field its simpler to find a sponsor, as theres more employers trying to recruit top talent...not really sure what you comment is for to be honest?