Change of employer ..Is it subject to the CAP??

[karan_trivedi]

Hi,

 

My H Petition was selected in the lottery. Can I file for a change of employer through a new company with my current H-1 petiton from my current company still pending? If yes, will this be subject to the CAP or it will be CAP exempt if I reference my previous receipt number (WAC# or EAC#) in my I-129 form.

 

I understand changing employers means my new company has to file a new application. But my lawyers say that since I was already picked in the lottery this won't be subject to the CAP, Is this true??

 

Just for reference:

 

Option in I-129 form:

"Provide the most recent petition/application receipt number for the beneficiary. If none exists, indicate "N/A."

 

Note: My OPT is still valid till dec 2013 so I can start working for my new employer on my OPT till H-1 is approved.

 

 

 

[jairichi]

First of all your first H1B petition has to be approved. Only after approval you can change employer. In that case your H1B petition with new employer will not be subject to cap