Cap Exempt Client - > Cap Subject Client

[blibli667]

Hello Everyone,

I was hired by a staffing company to work for a university hospital as a contractor, my H-1B was cap-exempt and started on June 12. Now after 2 years my contract work at the university hospital has ended. I have been selected by another client which is a commercial organization. I will still be working for the same staffing company. The commercial organization wants to know if I am eligible to work there since my H-1B was originally issued through cap-exempt petition.

Some more information:

1- I did MS from a US university.

2- Cap for Year 2013 has been reached.

3- My employer is not changing, only client will change.

4- This is my first time H-1b.

4- Lawyer has no definite answer.

I have searched a lot on these forums but this special case where only client is changing for a contractor on cap-exempt H-1B seems quite rare so if anyone out there has some knowledge to share, please help us.

Thanks !

[JoeF]

On H1, you can not be working for a "staffing company."

You have an employer. Your employer sending you to a client doesn't make it a "staffing company."

You are also not a contractor. You are an employee. Again, your employer sending you to a client doesn't make you a contractor.

With a cap-exempt H1, you can only work for a cap-exempt organization, directly or through a consulting agreement.

You can not work for a commercial organization, neither directly nor through a consulting agreement, until you are counted in the quota.