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H1B Transfer on 7th Year - Cap Exempt to Cap Subject

Discussion in 'College and University Staff' started by manav98, Mar 8, 2013.

  1. manav98

    manav98 Junior Member

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    I am currently working for a state university and on my 7th year of the H1B visa (I had a pending Labor Cert appeal for a year so got a 1 year extension. After that we withdrew the appeal and re-filed the labor application on Jan 30th)

    Previously I had a cap subject / for profit H1B visa (4 years back) and moved to a non-profit visa in 2009

    Can I move back to a for-profit H1B now? I would like to do so ASAP so the new company can file for a new labor application since my 7th year expires on Dec 10th 2013

  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: H1B Transfer on 7th Year - Cap Exempt to Cap Subject

    Since you have a cap-subject H1B approval within the last six years, you should be considered cap-exempt.

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