Do I have to wait till the next fiscal year, April to get H1-B cap subjected visa

[aki_uniq]

Hi,

 

Here is my current situation. I been working for a non-profit organization for few years now and holding a h1b -cap exempt visa. 2 years back, I had applied for a h1b cap subjected visa and got it approved. I haven't worked on this visa nor have any related documents. I do have the receipt number with me.

Is it possible to have a H1-b transfer with the approved H1b cap subjected visa? or do I have to wait till next year April to be counted for cap?

 

 

[t75]

If you have already been approved cor a quota counted visa, your transfer from cap exempt to con exempt job can occur at any time.

[cap-gap]

I think CIS looks for evidence that you maintained the status in cap subjected H1B..

[pontevecchio]

Obviously how much time in H1 status already is a factor.

[0407]

Hi,

 

Here is my current situation. I been working for a non-profit organization for few years now and holding a h1b -cap exempt visa. 2 years back, I had applied for a h1b cap subjected visa and got it approved. I haven't worked on this visa nor have any related documents. I do have the receipt number with me.

 

File FOIA- G639 to get all your immigration records. You will get a copy of H1B approval.

 

 

Is it possible to have a H1-b transfer with the approved H1b cap subjected visa? or do I have to wait till next year April to be counted for cap?

[aki_uniq]

I see different opinions from different lawyers. Can I take the risk of applying for H1-b now and then working for a new employer?

 

on the positive side, I can get the petition accepted, but what if the petition is not considered, then I may lose both of them and get out of status. Could you advise please?

 

Thanks for all the replies!

[cap-gap]

I see different opinions from different lawyers. Can I take the risk of applying for H1-b now and then working for a new employer?

 

there are lot of scenarios where CIS rules ar not clear..always best to tread waters on the safe side..

 

may be u can apply for the HB1 'transfer' by PP and wait two weeks to know the answer?