Vandeepu Posted January 18, 2012 Report Share Posted January 18, 2012 Hi, I am a F1 student on my STEM OPT. I have an offer from a non-profit organisation who is willing to file a H1B for me. It is not an e-verified organization. Since cap is not available till 1st April, they said that they are ready to file an H1B exempt visa and want me to start working with them as soon as possible. But I am insisting them to file it on Apr 1st under the cap and I'll start from Oct 1st. Since they want me ASAP, they are saying me that they will apply in the exempt status now and when ever the cap is available, then they will apply again under the cap. Is this possible for an employer to apply for H1B twice for the same employee under cap-exempt and cap-subject? Link to comment
pontevecchio Posted January 21, 2012 Report Share Posted January 21, 2012 I suspect you are both talking at cross purposes If the H1 to be filed is not cap subject it can start anytime on approval. Link to comment
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