Jump to content


H1B (Cap Exempt) to H1B (Cap)

  • Please log in to reply
2 replies to this topic

#1 shwetakailani



  • Members
  • Pip
  • 4 posts

Posted 02 May 2012 - 04:59 PM


I am currently working on H1-B in an academic institution. I was wondering if my H1 can be transferred to a company in the industry(Cap Subject).

Also, I guess since my present H1 is on Cap Exempt, for the new visa, I will have to conform to the Cap Subject quota, filing dates, and start date.

Since the Start Date can not be before October 1. Can I keep working on my present H1 with my present employer?

I would really appreciate if you could please let me know the details. I would really appreciate any help from you.

Summary - Can I keep working on my present cap exempt H1 visa with my current employer while, the new Cap subject employer files for my H1 with a Start date of October 1.

Would look forward to hearing from you.


#2 vikramrathode.r



  • Members
  • PipPip
  • 18 posts

Posted 07 May 2012 - 02:10 PM

H-1 b cap exempt (University/No profit H-1b ) is non transferable to a profit organisation.If you get a new employer(profit oraganization) and who is willing file H-1b, the new employer should file H-1B on April 1st or later(depending on the cap numbers available)with a start date of October 1st .You can still work for your old employer until September 31 if your joining your new employer on October 1st .If you want to join your new employer before october 1st then you should file for a concurrent H-1B .

Contact a good attorney to know more abt concurrent H-1B

#3 viharik



  • Members
  • PipPip
  • 22 posts

Posted 16 May 2012 - 08:41 PM

As already told, you can work with your cap-exempt employer till Sep irrespective of your cap-subject H1B gets filed/approved. you can visit this thread which has lot of information reg your use case:


0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users