mytwocents, please see the question

Dear Mytwocents:

I appreicated your input last couple weeks about my question on H1B portability from quota exempt to quota counted employer. In you last post you gave me a link of AC 21 memo regarding H1B portability. I showed the PDF file to an immigration attorney, she pointed out the following is supporting no portability for such transfers:
It is noted that section 103 of the law amends section 214(g)(6) of the Act as follows. An H-lB worker not previously counted toward the annual cap who leaves the employment of an institution of higher education or a related or affiliated non-profit entity to work as an H-lB at an employer other than one defined in Section 214(g)(5) of the Act will be counted toward the annual cap at that time.

Can I argue this is meant to be an H1B exempt worker who already left quota exempt institution, applying for quota H1B, thus is subjected to annual cap at that time?

This question has been driving me crazy. especially the USCIS says it is OK to transfer right away, but no attorneys trust USCIS help desk person.

I am going to lose the job offer if I cannot start work earlier. sigh!

所有跟帖： 

• 回複：mytwocents, please see the question -mytwocents- ♂ (456 bytes) () 02/13/2006 postreply 08:08:02

• 回複：mytwocents, please see the question -mytwocents- ♂ (711 bytes) () 02/14/2006 postreply 07:17:06