niwsas Posted June 20, 2020 Report Posted June 20, 2020 2003 - 2009 - F-1 student status - University A 2009 - Cap-subject H-1B filed (April) and approved (September) for work with Company A 2009 - 2012 - H-1B with Company A (H-1B visa stamp in passport) 2012 - 2018 - F-1 student status - University B 2018 - Jul 2019 - OPT with non-profit University C July 2019 - Present - H-1B with non-profit University C (adjustment of status; no stamping; H-1B visa provided till 2022) 2020 - Self-sponsored EB-2-NIW green card petition submitted - I-140 approval pending. Cumulative time spend on H-1B till today = 3 yrs and 11 months. I understand that I will be able to continue working for a cap-exempt employer/institution using the remaining time (~ 2 yrs) on my cap-exempt H-1B. My questions pertain to switching over to a for-profit cap-subject employer. Any input on the below is much appreciated. 1. Can I submit a cap-exempt H-1B petition to work for a new for-profit/cap-subject Company B, to avail the un-used 6 yr maximum time period? 2. The last time I was in cap-subject H-1B was in 2012. As it has been more than 6 years since I previously held the cap-subject H-1B visa, I wanted some clarification. I read a recent article suggesting that the DHS has clarified that recapture of unused H-1B time can be made at anytime and there is no time limitation. In the article below, please read paragraphs under title “RECAPTURE OF H-1B TIME”. Does this mean that I can submit a cap-exempt H-1B petition to work for cap-subject company B? Can you please confirm this? "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers" - Homeland Security rule - 11/18/2016 - Federalregister.gov 3. If I wanted to submit a cap-exempt petition for work with cap-subject Company B, would this be a H-1B transfer or a new H-1B application.? 4. If the current administration suspends H1B visas in the recent future. Will this affect my ability to secure a H-1B to work for Company B? Thank you for your response! Quote
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.