I have never gone through the H1B lottery, but I am currently working in H1B status for a cap-exempt employer. A different company will file an H1B registration for me in March. If my case is selected, what would be the earliest date I could move to the new employer?

Answer

The earliest start date on a cap-subject H1B petition typically is October 1st of that year (which is the first day of the new fiscal year). To start earlier, it may be possible to work concurrently  for the cap-exempt and cap-subject employers, but a petition for concurrent employment in that situation would not result in you being counted against the H1B cap. (15.Dec.2022)

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