H-1B in acceptance state2nd H-1B exempt from cap?

[Heiko]

Hello all!

The company which is sponsoring my H-1B is going out of business. Unfortunately, the H-1B case is still in "acceptance" state not in the "initial review" state.

Does this mean it has been counted against the FY 2012 quota already.

I plan to get a new job as quickly as possible. I know multiple companies can apply for multiple H-1Bs for the same beneficiary. The H-1B only get counted once against the quota.

The new company would have to file for another H-1B. Is the new H-1B exempt from cap?

Thanx in advance,

Heiko

[Attorney_10]

Generally, the beneficiary is only considered counted against the H1B numerical quota once the petition is approved. Due to the time sensitivity of your issue, please schedule a consultation with a qualified immigration attorney as soon as possible to discuss the facts relating to your case and the different options that may be available to you.

[Heiko]

My petition got approved as of today. I've never seen the "initial review" step at the USCIS website.

I assume I've been counted against the quota and shouldn't be affected by the "cap" for the next six years.

Since a H-1B transfer is essentially a new H-1B, not counted against the "cap", I assume I can look for a new H-1B sponsor now.

Now I'm wondering whether the new employer can just apply for a new visa or do I have to go for H1B visa stamping first?

I'm currently in the US on visa-waiver not working for any company. I assume I'm not out-of-status, as I'm legally in the US looking for a job.

Generally, the beneficiary is only considered counted against the H1B numerical quota once the petition is approved. Due to the time sensitivity of your issue, please schedule a consultation with a qualified immigration attorney as soon as possible to discuss the facts relating to your case and the different options that may be available to you.

[livliv]

My petition got approved as of today. I've never seen the "initial review" step at the USCIS website.

I assume I've been counted against the quota and shouldn't be affected by the "cap" for the next six years.

Yes, you are cap-exempt until you spend 6 years in the US in H1 status

Since a H-1B transfer is essentially a new H-1B, not counted against the "cap", I assume I can look for a new H-1B sponsor now.

Now I'm wondering whether the new employer can just apply for a new visa or do I have to go for H1B visa stamping first?

I'm currently in the US on visa-waiver not working for any company. I assume I'm not out-of-status, as I'm legally in the US looking for a job.