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Question about CAP-EXEMPT and Non-CAP Exempt

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  • Question about CAP-EXEMPT and Non-CAP Exempt

    Hi All,

    Employer A - Profit based organization (Non-CAP Exempt)
    Employer B - Non profit based organization (CAP exempt)
    I have a visa stamped till 2017 Feb. I came to US in 2013 under H1-B visa with Employer A. I worked for Employer A for more than 2 years and then I got a job from Employer B. Employer B filed a petition for me and got it approved. I resigned the employer A and joined Employer B and currently working for employer B.

    Employer B's petition end date is till October 2018 and myself / my wife has visa stamped till 2017,feb. Which means if I go out of country after 2017 feb then I would have to go for stamping using Employer B petition. My question is :-

    a) My H1-B 6 years would be completed in 2019. Since I joined the cap exempt employer , would I get some benefit regarding the 6 years of duration ?
    b) Can employer B files a new h1-b petition once my 6 years are completed and I don't have to go back to the home country ?
    c) Or would I have to go back to country when 6 years exhausted and come back when the employer B petition is approved for next 6 years tenure ?
    d) If I find a job for Employer C which is non-cap exempt , can I go and get employed with them ? or I can now only get employed with cap exempt ?

    please also let me know what all benefits I have regarding the H1-B when I am employed with employer B.


  • #2
    a. No benefit/difference
    b. To get H1B beyond 6 years you will need a PERM pending for 1 year or I-140 approved.
    c. You will need to spend 1 year outside to get a fresh 6 year period.
    d. C can file a 'transfer' using A's petition.
    This is my opinion and not legal advice.