H1B transfer from exempt to non-exempt, what happens if cap is reached


Recommended Posts


I am a researcher in a university and currently hold a cap exempt H1 b and this is my first H1B visa. I am considering a research job in a for profit company A. It seems that we have reached the cap limit even for 20,000 speciality visas.

My questions are following,

1) Does my h1b transfer count against the cap

2) Do I have any chance of getting the transfer if USCIS says the cap for this year has been reached

3) Finally what happens if company A applies for visa transfer and does not get approved because of the cap restrictions. Does this affect my current H1b meaning does applying for transfer cancel my current visa?

Are there any exceptions that apply to me that allows me to get a visa transfer in spite of the cap being reached?

Thanks for your answers, I am not even sure if I should allow company A to apply for visa transfer, because I am not sure if the transfer application renders my current H1b visa invalid.

Link to comment

Generally, H1B petitions that are cap subject may only be filed while cap numbers are available. The USCIS has received a sufficient number of cap subject petitions for FY13. The first date that new cap subject petitions may be filed is April 1, 2012. If a cap subject petition is filed now, it will be rejected by USCIS. Please schedule a consultation with a qualified immigration atttorney to discuss the specific facts of your case and the different options that may be available to you.

Link to comment


This topic is now archived and is closed to further replies.