aa11 Posted May 29, 2015 Report Share Posted May 29, 2015 Hello, Employer A filed my H1B which got picked up in lottery in 2015. I do not plan to join employer A for personal reasons. After october 1st, Employer B is willing to file cap exempt H1B petition. What documents will Employer B need for filing cap exempt petition: 1. From me? 2. From Employer A? Thank You ! Link to comment
rahul412 Posted May 29, 2015 Report Share Posted May 29, 2015 Emp A's H1 approval, that's it. Link to comment
jairichi Posted May 29, 2015 Report Share Posted May 29, 2015 A copy of I797. All documents you submitted to employer A. Link to comment
Attorney_20 Posted May 29, 2015 Report Share Posted May 29, 2015 Employer B will need to prove that it is cap exempt as an “institution of higher education, a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization.” You will need to provide proof that you meet the requirements for the position being offered by Company B. The Form I-129 asks about your prior approvals so it is a good idea to keep all your I-797 approval notices, including the one from Company A. Link to comment
aa11 Posted May 31, 2015 Author Report Share Posted May 31, 2015 A copy of I797. All documents you submitted to employer A. Right now the I797 I have is the notice of action I797 - receipt notice. Will approval be also I797? Link to comment
aa11 Posted May 31, 2015 Author Report Share Posted May 31, 2015 Employer B will need to prove that it is cap exempt as an “institution of higher education, a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization.” You will need to provide proof that you meet the requirements for the position being offered by Company B. The Form I-129 asks about your prior approvals so it is a good idea to keep all your I-797 approval notices, including the one from Company A. I am a bit confused...Employer B is a corporate, and neither a non-profit org nor an institution. We are talking about Employer B filing a cap exempt because my H1B from Employer A has been picked up in lottery. Going by earlier opinions shared on this forum, Employer B can file a cap exempt petition for me. Did I miss something? Thank You ! Link to comment
aa11 Posted May 31, 2015 Author Report Share Posted May 31, 2015 Employer B will need to prove that it is cap exempt as an “institution of higher education, a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization.” You will need to provide proof that you meet the requirements for the position being offered by Company B. The Form I-129 asks about your prior approvals so it is a good idea to keep all your I-797 approval notices, including the one from Company A. Another way to put it is - Will I be counted as a "cap exempt worker" even when I haven't worked for employer A for a single day after my H1B approval from employer A? Link to comment
aa11 Posted June 2, 2015 Author Report Share Posted June 2, 2015 Dear Murthy Law Firm, Can you please reply to my queries above? Thank you ! Link to comment
jairichi Posted June 2, 2015 Report Share Posted June 2, 2015 I am a bit confused...Employer B is a corporate, and neither a non-profit org nor an institution. We are talking about Employer B filing a cap exempt because my H1B from Employer A has been picked up in lottery. Going by earlier opinions shared on this forum, Employer B can file a cap exempt petition for me. Did I miss something? Thank You ! Another way to put it is - Will I be counted as a "cap exempt worker" even when I haven't worked for employer A for a single day after my H1B approval from employer A? As long as employer A has not revoked or withdrawn your H1B petition before Oct 1st you are cap counted. Based on that employer B can file a cap exempt H1B petition. Link to comment
jairichi Posted June 2, 2015 Report Share Posted June 2, 2015 Right now the I797 I have is the notice of action I797 - receipt notice. Will approval be also I797? Should be fine. Better to have approval copy. Link to comment
Attorney_20 Posted June 8, 2015 Report Share Posted June 8, 2015 In order for company B's Change of Employer H1B petition to be approved with an I-94 card, you need to be maintaining H1B status. There is a risk that USCIS could determine you did not enter into, or maintain, H1B status if you do not report to work for the company that filed the cap-subject petition on October 1. Link to comment
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