L1B to H4 to H1B

[abcd1234567]

Hi I was working in US on L1 B till Feb 2015, but due to some family emergency, I had to switch to H4 (my spouse is on H1-B visa). I then tried to file H1B visa this  year, which was not picked up in lottery. So, to resume working this year, I was looking at the cap-exempt H1 visa option.

Can a willing employer file a cap exempt visa for me as I am currently on H4 visa; if yes, what are the requisites?

 

What are my other options?

 

Thanks in advance!

[jairichi]

First you need to go under cap once to be cap exempt later. So, you are not eligible for cap exempt route.

[abcd1234567]

Thanks for your reply, but I had some colleagues in my past organization who were directly moved from L1B to cap exempt H1. I only have this question 'coz I am not sure if the same can be done from H4?

[jairichi]

Thanks for your reply, but I had some colleagues in my past organization who were directly moved from L1B to cap exempt H1. I only have this question 'coz I am not sure if the same can be done from H4?

That is impossible unless they had a cap subject H1B petition approved earlier.

[abcd1234567]

No, they didn't have, infact there L1 duration was about to get over and they were not picked up in lottery, so they went this route to continue working here. and now they are happily working with a non-profit healthcare organization.

[jairichi]

No, they didn't have, infact there L1 duration was about to get over and they were not picked up in lottery, so they went this route to continue working here. and now they are happily working with a non-profit healthcare organization.

Non-profit healthcare organization they work might be cap exempt. That is the key. You cannot join any employer.

[jairichi]

No, they didn't have, infact there L1 duration was about to get over and they were not picked up in lottery, so they went this route to continue working here. and now they are happily working with a non-profit healthcare organization.

Only if the employer is cap exempt you can take that route. Otherwise you need to go under cap.

[JoeF]

No, they didn't have, infact there L1 duration was about to get over and they were not picked up in lottery, so they went this route to continue working here. and now they are happily working with a non-profit healthcare organization.

Universities, non-profit research organizations affiliated with universities (university hospitals would fall under that) and government research organizations are H1 cap-exempt.

His for all other companies are only possible under the quota system.