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  • H1B status (Cap or non-cap )

    H1B visa status (cap or non-cap )
    Hi DesiOPT and helpful persons,
    I appreciate your help. Your answers are really helpful. We have a situation, here I am writing the situation, please give us your valuable suggestion. we appreciate your help.
    My friend is in industry with cap H1B and he wants to move to a university by H1B transfer. The question is, after moving to university, will his H1B is still considered as cap H1B or it is considered as academic (non-cap) H1B? Can he transfer his H1B to industry in the future without going through the lottery? or does he need to go through the lottery again.
    thanks for your help.

  • #2
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    • #3
      Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on Feb 20th - Please review comments from other users.

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      • #4
        Originally posted by narsi379 View Post
        H1B visa status (cap or non-cap )
        Hi DesiOPT and helpful persons,
        I appreciate your help. Your answers are really helpful. We have a situation, here I am writing the situation, please give us your valuable suggestion. we appreciate your help.
        My friend is in industry with cap H1B and he wants to move to a university by H1B transfer. The question is, after moving to university, will his H1B is still considered as cap H1B or it is considered as academic (non-cap) H1B? Can he transfer his H1B to industry in the future without going through the lottery? or does he need to go through the lottery again.
        thanks for your help.
        When moving from a cap-subject employer to a cap-exempt employer, the beneficiary doesn’t lose his or her “cap-exempt” status. That means if and when your friend wants to move back to a cap-subject employer, he will still be considered as having been counted and will not need to go through the lottery again. Just remember that regardless of which category the employer is in, each beneficiary is only eligible for up to 6 years of H-1B.

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        • #5
          1 once u have cap h1 it is u can entitle for 6 yrs (lot other provisions to extend it )
          2 yes

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          • #6
            In academic, H1B , will be a non cap, but when he goes back to Industry from academia, then he has to again go through lottery to get H1B, as academic H1B is non transferable to industry

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            • #7
              2nd question answer yes means he no need to go through the lottery again? That will be really cool

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