How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jennifer Marie, Esq. Your Own Question
Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3370
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
28679807
Type Your Immigration Law Question Here...
Jennifer Marie, Esq. is online now
A new question is answered every 9 seconds

Thanks for your reply, I think I got some things wrong, I am

Customer Question

Thanks for your reply, I think I got some things wrong, I am currently not out of status, My last date of employment is in december.
When I checked for approval notice I see no difference between cap exempt H1b approval notice and cap subject H1b approval notice.
Now if cap subject initiates H1b transfer with all the documents will my H1b be approved ?Where in USCIS memo/rules it is mentioned that H1b portability prohibits transfer from cap exempt to cap subject employer?
Submitted: 23 days ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 23 days ago.

Hello again. I am happy to answer your additional questions but please note that your original question that I answered is still open and no feedback has been given. Please return there. Thank you.

Expert:  Jennifer Marie, Esq. replied 23 days ago.

Here are your new answers taking into consideration that you are still in current status:

1) No unfortunately you cannot change to a cap subject employer unless you have been subject to the cap in the last 6 years. This would be different if there were still cap subject visas available but there are no more for this year.

2) You petition will likely be denied only because you are on cap exempt now.

3) At this point, you can submit a change of status to a B2 tourist visa if you would like. That would allow you to stay in the US while it is pending, and if gets approved, you can stay for up to another 6 months. This will allow you to file for cap subject visa on April 1, 2017.

4) If you got the approval, you could change your status here in the US.

5) No there is no problem, for the future.

6) They will know by your approval notice. This can be known by the type of employer as well.

Good luck to you and I hope this answer has helped you!

Please kindly remember to leave a POSITIVE RATING now before you leave this page by choosing from the STARS. This is very important since it is how I receive credit for my service from what you paid. If you don't leave a rating, I receive no credit for my time.

If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal.

Also the question will NOT close after you rate me even though it says "To Finish.." So after rating me, feel free to ask me any follow up questions at no additional cost, don't worry. Any bonus you wish to provide will be very appreciated.

If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.

---------