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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?

    Thanks,

  2. #2
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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).

  5. #5

    cap subject GC to corporate job

    Quote Originally Posted by lisaanderson View Post
    If you go from cap-exempt to cap-subject, you have to go through the lottery. Itís 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).
    I graduated recently from a STEM program and working in the University as a Researcher. Currently, I am on STEM extension for two years. My extension started yesterday. As all of you know University are under H1B cap exempt. My employee is happy to consider for either H1B or Green card.
    If I change job and move to the corporate sector (for better benefits) then I have to apply for cap-subject H1b and go through the lottery system. I have two chances for that. But my employer is willing to consider me for Green card. If my employer starts now for the process of GC then I have will have my I-140 or I-485 in a year and I am a free bird to switch anywhere, provided everything go smoothly. My employer really wants me to have with him on a project for at least a year.
    Should I apply for GC with the current employee or change the existing job and switch to a corporate employer for better salary and go through the H1B lottery system.

    Secondly, What I read is- "If you have never worked for a cap-subject employer in the past, then you will need to have your new cap-subject employer file an I-129 petition (not the H1B) on your behalf although that is subject to the lottery". So the best strategy may be to start a corporate job on your OPT or and then join cap exempt employee who is ready to apply for your GC then get your I-140 and I-485 and then you can switch to corporate.

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