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Cap-exempt h1 to cap-subject h1

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  • Cap-exempt h1 to cap-subject h1

    Hi all,

    I have a few questions regarding h1b visa. I am currently on OPT that expires Feb, 2015. I am in a situation where I might get cap as well as non-cap job offers (healthcare industry). I would like to know:

    1. How does cap-exempt to cap-subject h1 transfer occur? (In case I would want to switch from non-cap to cap job in future). I tried googling it and looks like it is a bit complicated process.

    2. If my h1 (cap-subject) is filed during grace period (grace period would end in mid of April 2015), are there high chances of getting h1 denied or getting RFE, just because it is being applied during grace period?

    3. In case it is denied, how long do I get to change my status after I receive the notice? Is it better to take admission in a university beforehand as a backup?

    4. I also heard that even two employers can file h1 for you. Is this true? If so, can a cap-exempt and a cap-subject h1 be filed simultaneously?

    Thank you for your time and valuable advices.
    Appreciate y'all.
    Last edited by KK12; 12-08-2014, 02:22 AM.

  • #2
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    • #3
      Originally posted by KK12 View Post
      Hi all,

      I have a few questions regarding h1b visa. I am currently on OPT that expires Feb, 2015. I am in a situation where I might get cap as well as non-cap job offers (healthcare industry). I would like to know:

      1. How does cap-exempt to cap-subject h1 transfer occur? (In case I would want to switch from non-cap to cap job in future). I tried googling it and looks like it is a bit complicated process.

      2. If my h1 (cap-subject) is filed during grace period (grace period would end in mid of April 2015), are there high chances of getting h1 denied or getting RFE, just because it is being applied during grace period?

      3. In case it is denied, how long do I get to change my status after I receive the notice? Is it better to take admission in a university beforehand as a backup?

      4. I also heard that even two employers can file h1 for you. Is this true? If so, can a cap-exempt and a cap-subject h1 be filed simultaneously?

      Thank you for your time and valuable advices.
      Appreciate y'all.
      1. It’s not really complicated. If you work in cap-exempt job, you need to go through the cap to transfer to a cap-subject job. So, if you take a cap-exempt job in February 2015, let’s say, and in 6 months (08/2015) you are offered a job from a cap-subject company, you need to go through the H-1B cap in April 2016 to work for that new company. It doesn’t matter if you are already in H-1B status. You also wouldn’t be able to work for them until October 2016.
      The only alternative is to work for the Cap Subject company “concurrently” with the cap-exempt company. If you are working for Cap exempt company, USCIS will allow a cap subject company to file a “concurrent” H-1B so that you can work for both companies at the same time. You can even later quit the cap-exempt job and continue working for the cap-subject employer. The catch is that they cannot file an extension unless you go through the cap in the meantime.
      2. No. It has no effect.
      3. According to USCIS, if you are in Cap-Gap (which you will be) and the H-1B is denied, you get 60 days of grace.
      4. Yes, they can be.

      Comment


      • #4
        Your message was posted as anonymous on Facebook wall- (Dec 10th)

        Comment


        • #5
          1. If you want to do H1 transfer from cap-exempt to cap-subject employer then there should be cap limit available for that fiscal year
          2. Not true
          3. If u receive H1 receipt then u r good otherwise u need to get admission in any univ to keep your sevis active
          4. Filing more than one application through multiple cap-subject employers is not suggestable as it might raises unnecessary issues later on. And yes u can file two H1 one with cap-exempt and other with cap-subject.

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