Cap exempt filing before Oct 1st - Current perspectives?

[gallanda]

Dear forum members,

 

Situation: For-profit employer X files an H1B petition in April 2017, and this petition gets picked and approved. If another for-profit employer Y now files a cap exempt petition for the same candidate (before that candidate starts H1B-work for the original employer X in October), how likely is it that the cap-exempt petition gets approved?

 

I know that there are many Google hits concerning this topic, but my understanding is that the situation changed several times in the past few years. Before 2014, those cap-exempt petitions apparently got approved, then in 2014 there were many denials, and after 2014 it seems there were mostly acceptances again.

 

Can someone comment on the situation in 2016 and the likely situation this year (2017)?

 

Thanks.

[JoeF]

An H1 transfer is only possible once you have started working for the original H1 employer. That means a transfer before Oct. 1 is not possible.