cap exempt H1B petition by employer B possible after cap-subject H1B petition by employer A

[kallumama]

I am currently in India and getting an H1B petition thru employer A in USA. However, I do not wish to join them.

Employer B will not be able to hit the April 1st week deadline. Once employer A's petition is approved, will I be cap-exempt if employer B files for a fresh H1B petition and I directly join employer B on Oct 1 without joining employer A at all? Will the H1B petition by employer A make me cap-exempt even if I don't join them?

[rahul412]

Employer B will not be able to hit the April 1st week deadline. Once employer A's petition is approved, will I be cap-exempt if employer B files for a fresh H1B petition and I directly join employer B on Oct 1 without joining employer A at all? Will the H1B petition by employer A make me cap-exempt even if I don't join them?

yes, that's possible. Make sure your first petition is approved, if not you won't come under cap-exempt.

[chtummala]

I am currently in India and getting an H1B petition thru employer A in USA. However, I do not wish to join them.

Employer B will not be able to hit the April 1st week deadline. Once employer A's petition is approved, will I be cap-exempt if employer B files for a fresh H1B petition and I directly join employer B on Oct 1 without joining employer A at all? Will the H1B petition by employer A make me cap-exempt even if I don't join them?

hmm be careful about your contract .. if you are violating any employment agreement you could be facing legal issues ..

[kallumama]

yes, that's possible. Make sure your first petition is approved, if not you won't come under cap-exempt.

Nice to know that. Could you explain a little: "Make sure your first petition is approved".

Once I tell company A that I will not be joining, they will most probably withdraw their petition. Could I still join company B after company A withdraws its petition. I feel the answer is yes because I would have been counted in the cap. Can the experts verify. Would company B need the I-797 of company A's approved petition? I don't think company A will give it to me if I tell them I wont be joining.

[rahul412]

I feel the answer is yes because I would have been counted in the cap. Can the experts verify.

No.After the approval you will be cap-exempt.