I am currently on non-cap H1B. I am starting a new job on a new H1B through lottery on October 1st. Am I now required leave the country and the get the visa stamped to start working?

Answer

No, it is not necessary to leave the U.S. and get “stamped” simply because one is changing from H1B cap-exempt to H1B cap-subject. As long as valid status has been maintained and the cap-subject H1B has an I-94, there should not be a need to go outside of the country. (30.Jun.2014)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

Copyright © 2014, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.