H1BQandA Posted December 7, 2017 Report Share Posted December 7, 2017 I am currently working for non-profit Employer A on H-1B (Cap exempt H-1B) and I never worked for Cap- subject employer. Recently filed cap subject H-1b with another cap-subject employer B through lottery system (picked in the lottery) and is under processing. But now I don't want to move to Employer B, what should i do to stay with Employer A (non-profit employer) when my cap-subject H-1B with Employer B gets approved? Can i transfer the Cap-subject H-1b(Employer B) to non profit H-1b (Employer A) before starting the work with Employer B? or Can i ask Employer B to withdraw the petition after getting the approval? so that I will be counted as Cap exempt whenever i want to move to another Employer (Cap-subject) in future. Link to comment
Chai Posted December 8, 2017 Report Share Posted December 8, 2017 You can work for any employer if you want. It's your choice. However, you MUST officially work for cap-subject employer in order to be counted as cap exempt whenever you want to move to another employer within 6 years. Link to comment
H1BQandA Posted December 8, 2017 Author Report Share Posted December 8, 2017 So it would be better to withdraw the approved H-1B from employer B and move to another cap-subject employer within 6 years right? Link to comment
Chai Posted December 8, 2017 Report Share Posted December 8, 2017 Do you really want to do that? If that were to happen, you will have to go through lottery system again in each fiscal year. Remember, you MUST be working and drawing paychecks from the cap-subject employer in order avoid lottery system again. Link to comment
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