pjing老師,俺還沒死心呢,繼續問

來源: 2008-01-17 13:15:03 [舊帖] [給我悄悄話] 本文已被閱讀:

下麵是我在一律師網站上看到的一篇文章,現在很想確認這種說法的正確性。 文章說從學校的H1B轉到企業的H1B不需要等到10月1號而是可以開始工作upon filing of the cap subject H-1B petition,可我在網上又找不到文中說的USCIS的這封信,俺的律師也一口說必須等到10月1號,和您一個觀點。唉,我鬱悶啊。 您再給看看?
謝謝!!!!

“USCIS has issued an opinion letter on May 23, 2007 that answers a common question: Whether a H-1B worker who is employed by a cap exempt employer can switch from cap exempt employment to cap subject employment after filing of the cap subject H-1B petition in a period in which no H-1B visa numbers are available.

The answer to that question is YES. Consider this example: A scientist is working for a cap-exempt university in H-1B status valid through June 2008. A private company (cap subject employer) files a cap subject H-1B petition for him on April 02, 2007 requesting a start date of October 01, 2007. There is a underlying labor condition application valid from April 02, 2007 to April 02, 2010. Under H-1B portability provisions of AC21, the scientist would be able to start legally working for the cap subject employer upon filing of the cap subject H-1B petition. In other words, the scientist would be in employment-authorized status from April to October, until the start date of the H-1B petition. ”