本人學校博士後h1b
一個公司給offer，
本來已經開始辦新的h1b了，打算10月出開始
今天收到公司hr的email：
xxx（律師） just informed me that your H-1b is subject to the cap. With
that said, you can start sooner with us (ether upon filing or with the
approval notice) rather than in October.
這是怎麽回事，
是律師搞錯了嗎？
-The lawyer is right. Based on the H1 portability rule, you can work for the company as long as USCIS receives the H1 transfer petition, but you need to stop working if the H1 transfer is approved before Oct. 1 (non-cap to cap H1), and then work again from Oct. 1. If the H1 transfer is still pending on or after Oct. 1, you just continue to work unless your H1 transfer is denied.
Please note that H1 portability rule applys to all the H1 transfer, i.e. cap H1 to cap H, non-cap H1 to cap H1, or non-cap H1 to non-cap H1, etc.
