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Cap Exempt H1B to Cap Subject H1B

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  • Cap Exempt H1B to Cap Subject H1B

    Hi All,
    I work for a cap exempt employer and am in OPT right now. My employer wants to file H1B for me. I still have 8 months of OPT left and my present employer participates in E-verify so I am eligible for stem extension. I might switch to a cap subject employer later on. I know its not very easy to transfer cap-exempt H1B to cap-subject but is there a way to do so? I am very confused if I should go for it or wait until I find another job. If I wait I fear that my present employer might not consider me reliable. Does the portability rule really help in this case? Is there any other option for me to switch employers after I get a non-profit H1B? Thanks in advance.

  • #2
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    • #3
      Originally posted by kavitha View Post
      Hi All,
      I work for a cap exempt employer and am in OPT right now. My employer wants to file H1B for me. I still have 8 months of OPT left and my present employer participates in E-verify so I am eligible for stem extension. I might switch to a cap subject employer later on. I know its not very easy to transfer cap-exempt H1B to cap-subject but is there a way to do so? I am very confused if I should go for it or wait until I find another job. If I wait I fear that my present employer might not consider me reliable. Does the portability rule really help in this case? Is there any other option for me to switch employers after I get a non-profit H1B? Thanks in advance.
      The only way to transfer to a cap-subject employer is to go through the cap.

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      • #4
        Your message was posted as anonymous on Facebook wall- (Feb 2nd )

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        • #5
          hat is wonderful that you work for a cap exempt employer. I am an immigration attorney and it is hard to come by cap exempt employers! Your employer may even qualify for a USCIS fee waiver. Yes, there is a way to transfer from cap-exempt to cap-subject, but you will need to get into the lottery, and therefore, will only be able to apply on April 1st of the year when you want to start working. There is no other option - you must go through the lottery to work with a cap-subject employer. Feel free to reach out. Good luck!

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          • #6
            Originally posted by DesiOPT-FaceBook-Fan View Post
            hat is wonderful that you work for a cap exempt employer. I am an immigration attorney and it is hard to come by cap exempt employers! Your employer may even qualify for a USCIS fee waiver. Yes, there is a way to transfer from cap-exempt to cap-subject, but you will need to get into the lottery, and therefore, will only be able to apply on April 1st of the year when you want to start working. There is no other option - you must go through the lottery to work with a cap-subject employer. Feel free to reach out. Good luck!

            so if i am going for a cap exempt employer and if i H!B is filed in April,should i have to wait till oct to start my work

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            • #7
              Is there any possibility for a cap exempt employer to sponsor h1b in cap subjected?? Just in case if I. Try to convince my manager...

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              • #8
                Originally posted by DesiOPT-FaceBook-Fan View Post
                Is there any possibility for a cap exempt employer to sponsor h1b in cap subjected?? Just in case if I. Try to convince my manager...
                technically yes but as i explained the greater unwillingness of employers as cap exempted is more safe for them ..

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                • #9
                  If you make it through the lottery, your H1B is activated from Oct 1st meaning which you can start working from Oct 1st for the cap non-exempt employer with that H1B visa.

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