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Thread: H1B cap exempt to H1B capvisa and Green card

  1. #1

    H1B cap exempt to H1B capvisa and Green card

    I am MS technology graduate from U. of Chicago. I am working with the University which is H1b cap-exempt. In the future, I will work for the cap-subject employee. I am on OPT right now.

    Should I apply H1b from University or change the job to corporate then apply H1b cap visa?

    If I move from H1b cap exempt to the cap-subject employee-

    Do I have to again come through the lottery system? How much time does it take to transfer and when is the right time or month for transfer.

    If my company apply for GC, How much time does it take for the approval ETA 9089 and I 140? Can I change my company after approval of I-140?


  2. #2
    Your question will be reviewed by our moderator. Once reviewed it would be posted on Facebook wall at within 24-72 hours, else we would ask for more information.

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  3. #3
    Where is the answer of this question?

    I have posted my question on your thread and you posted it on facebook. I am not seeing the answer to my question. It is neither on your thread and nor on your fb page. What's the point of having all the exercise?

    How can I access free immigration attorney advise?

  4. #4
    If you go from cap-exempt to cap-subject, you have to go through the lottery. It’s too late for cap H-1Bs now, so you need to join the university on cap-exempt H-1B.
    Labor Certification processing is currently only about 4 months (it takes about 5 months to prepare the ETA 9089 because the prevailing wage request takes at least 3-4 months). I-140 regular processing is 5-8 months, but you have the option of premium processing (15 days). If you leave the company after I-140 approval, you will not be able to get the GC unless the new company files a new ETA 9089 and I-140 (or unless you have applied for I-485/AOS and waited 180 days before you leave).

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