1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

H-1B Transfer from Cap Exempt to Cap Subject

Discussion in 'College and University Staff' started by Sam_A, Feb 5, 2013.

  1. Sam_A

    Sam_A Junior Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    Hello Ron,

    I am new to this forum & have a couple of questions on H1B Visa.


    • I am working with a State University on cap-exempt H-1B (4th Year) with valid I-94 till 2014 (Visa Stamped @ Home Country) and I-140 approved under EB2 Category. I am planning on switching to a cap subject employer – what options do I have?
    • During or after the switch, Can I travel and return back without attending a visa interview?
    • What happens to my I-140 approval if I switch my job to cap subject employer?

    Thanks in advance for all your help.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: H-1B Transfer from Cap Exempt to Cap Subject

    You have a number of issues. First, you will become subject to the cap when you try to switch. The only exception would be if you originally had a cap-subject H petition approved on your behalf at some point in the last six years. Otherwise, you aren't going to be able to move until next October, when the new quota kicks in.

    You may travel and you do not have to get a new visa - at least until your current visa expires.

    If you leave your sponsoring employer with no intention of returning, your I-140 will no longer be valid for immigration purposes. You can keep your priority date, but you will need a new PERM/I-140 from your new employer.
     
  3. Sam_A

    Sam_A Junior Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    Re: H-1B Transfer from Cap Exempt to Cap Subject

    Thanks Ron on your response
     
  4. madhu121ece

    madhu121ece New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,
    As of Today Oct-22-2016,
    • First university employer A(cap-exempt) H1B: APRIL 2015-------to--- APRIL 2018.---> H1B visa stamped approved until APRIL 2018.
    • Second profit employer B(cap-subject)H1B without I94:OCT 2016--to--DEC 2017-->Applied for FY 2017 H-1B Cap Count on April-1-2016
    • Third employer Profit employer C(cap-subject)---?(how to transfer?)
    I am currently working on first H1B approved I94(APRIL 2015 TO APRIL 2018) cap-exempt employer A(non-profit) at university currently working as of now. I want to change to cap-subject employer(profit). I had employer B(profit) applied H1B through 2016 cap-quota and got approved to start Oct 1st 2016 to Dec 2017 without i94. Right now, As of oct 22 2016 I do not want to change to employer B. To work for employer B I think I need to go out and re-enter border with H1B approved petition for employer B to start working but I don't want to go out of country So I decided not to go for employer B because I got another good job company offer recently this month in October from employer C(profit) and interested to join employer C.

    My questions are:
    1)I currently I still work after oct1 at employer A(cap-exempt/non-profit) with valid i94. If I use approved H1B(profit) from employer B without I94. Can I transfer H1B from B to C? without working for employer B because I can currently employed full time at employer A.
    2)Do I come under cap-subject H petition approved for overall six years I had? on my behalf approved H petition from employer B without I94.
    3)If transfer doesn't apply for me for any reason. Do I need to start working for Employer B in-order to initiate the transfer from EMP B to EMP C?
    4)Can I transfer now form employer A to employer C? what are my options?
    5) Do employer C have to wait for FY 2018 cap count to apply on April 2017?
    6)what is the best way to chnage from either employer (A and/or B)------to--->C?

    Thanks in advance for all your help.
     

Share This Page