bountyful Posted November 20, 2012 Report Share Posted November 20, 2012 This is basically a question about being counted in the cap. I switched from a corporate job (cap non exempt) to an academic one (cap exempt). If I were to switch back to a non exempt job, would I not be subject to the cap? Does it matter when the non exempt H1B was initially issued? I also have a PD and I-140 approval from the academic job. If I were to successfully transfer to a corporate job, these would still hold correct (assuming the new employer did PERM etc.? Link to comment
JoeF Posted November 20, 2012 Report Share Posted November 20, 2012 If you have been counted for the quota in the last 6 years, you are not counted again, and you can change between exempt and non-exempt jobs in both directions. Link to comment
Attorney_22 Posted November 20, 2012 Report Share Posted November 20, 2012 Generally, if you were previously counted against the H1B cap, your change again from a cap-exempt to a cap-subject employer should not make you subject to the cap. However, each situation may be different based on the specific details, therefore it is advisable to speak directly with a qualified U.S. immigration attorney. Link to comment
yumthree Posted June 18, 2013 Report Share Posted June 18, 2013 Hi bountyful, can you tell if this worked for you? Link to comment
findithereall Posted August 6, 2013 Report Share Posted August 6, 2013 We are in this specific situation. Could the poster please verify if it worked? Link to comment
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