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Get H1B visa for a cab-subject employer after 6 years of using H1B with cam-exempt

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  • Get H1B visa for a cab-subject employer after 6 years of using H1B with cam-exempt

    My Status:
    Working for a non-profit (cam-exmpt) employer since 2012. (utilized 6 years of H1B visa)
    Got I-140 approved in 2018.
    Right now I am on H1B visa (extended due to i-140 approval).

    Getting an offer from a profit (cap-subject) employer.

    Questions:
    1. Can I apply for H1B visa for a cab-subject employer now and go through the lottery?
    2. If yes, what will happen to my approved i-140.
    3. If no, is there any other way that I can move to a different profit (cap-subject) employer?

    Please help me. I really need help with this.

    Thanks in advance.
    Last edited by harrydark; 04-15-2019, 12:38 PM.

  • #2
    1. H1 and GC are two separate, independent processes. You can apply for a fresh H1 (and need to go through the lottery).
    2. Your approved I140 is unaffected. Your new employer can file for a fresh I140, and if the job descriptions are similar, you can port your previous PD.
    Just an opinion; Not legal advice.

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    • #3
      Thank you so much for the reply. Just to clarify, I can apply a fresh h1B (with lottery) even though I have used all 6 years of hB1 (without lottery)?

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      • #4
        Yes. But the usual rules apply viz., you need to be out of the US for atleast an yr. to reset your clock.
        Just an opinion; Not legal advice.

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