Posted by: chulbuley June 29, 2011
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forgot to mention after talking to the lawyer, i did some more research and found the second source (link in my original post) which clearly says:
H-1b cap-exempt moving to an cap-subject employer: if the hospital is hiring an individual who has been working on an H-1b through a cap exempt employer, the non-exempt hospital needs to wait until April 1 to file the H-1b transfer. The individual can work between the April 1st filing and October 1st based upon H-1b portability if the underlying LCA and H-1b petition for the cap-exempt employer will carry through until October 1, 2011.
so now i am really confused what to do.......
H-1b cap-exempt moving to an cap-subject employer: if the hospital is hiring an individual who has been working on an H-1b through a cap exempt employer, the non-exempt hospital needs to wait until April 1 to file the H-1b transfer. The individual can work between the April 1st filing and October 1st based upon H-1b portability if the underlying LCA and H-1b petition for the cap-exempt employer will carry through until October 1, 2011.
so now i am really confused what to do.......