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H1 Cap Exempt Question

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  • H1 Cap Exempt Question

    Hi,

    I am working for Employer A (non-profit) since 2011 on a cap-exempt H1 visa. Employer B (for-profit) sponsored me a H1 in 2013 and it was approved but I never took that job. Still employed with Employer A on cap-exempt visa.

    Now, Employer C (for-profit) offered me a job and wants to sponsor a H1. Will there be any issues with approval of this new H1 in terms of quota? Since I was already counted against the quota through Employer B (though I didn't take that job), am I technically eligible to get a new H1 through Employer C?

    Any help would be appreciated.

    Thanks!

  • #2
    Originally posted by anarchy View Post
    Hi,

    I am working for Employer A (non-profit) since 2011 on a cap-exempt H1 visa. Employer B (for-profit) sponsored me a H1 in 2013 and it was approved but I never took that job. Still employed with Employer A on cap-exempt visa.

    Now, Employer C (for-profit) offered me a job and wants to sponsor a H1. Will there be any issues with approval of this new H1 in terms of quota? Since I was already counted against the quota through Employer B (though I didn't take that job), am I technically eligible to get a new H1 through Employer C?

    Any help would be appreciated.

    Thanks!
    I am in a similar situation. working for cap-exempt employer and have an approved cap-subject petition, effective oct1st, through employer B. Now, I wish not to join employer B. But, if he withdraws the H1 before oct 1st, would I still be cap-exempt? what happens if he withdraws after oct 1st? This is all so confusing.

    Comment


    • #3
      Originally posted by anarchy View Post
      Hi,

      I am working for Employer A (non-profit) since 2011 on a cap-exempt H1 visa. Employer B (for-profit) sponsored me a H1 in 2013 and it was approved but I never took that job. Still employed with Employer A on cap-exempt visa.

      Now, Employer C (for-profit) offered me a job and wants to sponsor a H1. Will there be any issues with approval of this new H1 in terms of quota? Since I was already counted against the quota through Employer B (though I didn't take that job), am I technically eligible to get a new H1 through Employer C?

      Any help would be appreciated.

      Thanks!

      I am also in the same situation, any inputs please

      Comment


      • #4
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