Any cap-subject H-1B petition that is filed after April 1 allows the Beneficiary to begin working in H-1B status on October 1, 2012. Students who hold F-1 OPT student status can remain with valid work authorization through October 1, 2012, provided that their H-1B Petition is field and accepted by USCIS.
H-1B cap-subject petitions include:
- New overseas H-1B hires;
- Beneficiaries on another non-immigrant status, such as H-4, L-1, or F-1;
- H-1B workers who hold H-1B cap-exempt status by virtue of the filing of the H-1B with a University or research facility.
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