query212 Posted August 28, 2018 Report Share Posted August 28, 2018 Hi, I have been with a cap-exempt employer (A) for a long time. However, a few years ago, I tried to move to a cap-subject employer (B) who filed a petition for me in that year's quota. That petition was approved at that time. But, during the time between April and Oct that year, my situation changed and I remained with my existing employer (A), and have been that way ever since. I never went on to employer B's payroll and have no idea if and when my petition was canceled/taken-back. Since then, I have had a couple H1 extensions with my current employer A without issues. I have an approved I-140 with employer A since a few years, and also I am past my first 6 years of H1B with employer A. I am thinking about moving jobs now. The approved cap-subject petition (by employer B) is less than 6 years old. What are my options? 1. Can any cap-subject employer apply for a H1 transfer for me? If yes, can I move to any cap-subject employer within 6 years from the date of employer B's petition? 2. Am I considered to be out of quota? If yes, for how long? Do they count 6 years from the approval of employer B's petition as me being out of quota? 3. Will I only be able to move to other cap-exempt organizations until I get my green card? 4. If I can just transfer to a cap-subject employer, can I start working for them while their petition is pending? Link to comment
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