H1b Cap exempt to Cap Subject

[shruthi745]

Hi All,

 

I am on H1b with a cap exempt employer in my 5th year. If I apply for a concurrent H1b with a cap subject employer how many years of H1b will they give?

 

If approved for concurrent employment and I want to leave the cap exempt employer after few months will that be possible to continue the concurrent h1b with cap subject employer?

 

Also applied for NIW EB2 and regular EB2 with cap exempt employer. Will my green card get affected after my I-140 is approved?

 

Thanks in advance for your suggestions

[jairichi]

Hi All,

 

I am on H1b with a cap exempt employer in my 5th year. If I apply for a concurrent H1b with a cap subject employer how many years of H1b will they give?

 

If approved for concurrent employment and I want to leave the cap exempt employer after few months will that be possible to continue the concurrent h1b with cap subject employer?

 

Also applied for NIW EB2 and regular EB2 with cap exempt employer. Will my green card get affected after my I-140 is approved?

 

Thanks in advance for your suggestions

Your new employer cannot file a concurrent petition this year as USCIS stopped receiving cap subject H1B petitions. Only next April it could be filed. I believe by next year without an I-140 approval you would have reached your max stay of 6 years on H1B and there will be no possibility of concurrent filing. If I-140 is approved then concurrent filing could be done with a cap subject H1B petition in April 2015. Once cap subject H1B petition gets approved you have to stop working for cap subject H1B employer and can start only from 1st Oct 2015.

[JoeF]

You would only get the remainder to the 6 years max.

If you quit the cap-exempt employer, you would also have to stop working for the cap-subject employer, since you haven't been counted for the quota.

[shruthi745]

But I have seen that concurrent h1b can be applied at anytime in the year. Is that not true?

[jairichi]

But I have seen that concurrent h1b can be applied at anytime in the year. Is that not true?

If you are not subject to cap earlier and if cap is filled then you cannot.