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H1B cap exempt petition - documents required

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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 !

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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.

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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?

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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 !

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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?

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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.

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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.

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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. 

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