cap exempt h1b to cap subject h1b applied after visa lottery, got approved, was i counted against cap?

[sadaka]

Hi all,

 

I am in some strange soup.

 

I used to work for a research lab(cap exempt) "B" and got offer in mid april 2013 from a cap subject company "A". company A applied for my h1b on 26th april. Against all expectations(since lottery for FY 2014 already happened before A applied) I got an approval in late Aug. I have never worked for a cap subject company before.

 

How do I find out if I got counted against cap?

 

I am not sure if my previous employer notified USCIS when I left them in april.

 

 

Thanks in advance,

Regards,

S

[0407]

I think you already posted once in this forum.  Unless your earlier H1B was counted against CAP I can't see

how H1B filed on April 26 could be approved.  You need to consult with a good immigration attorney.

[jairichi]

Hi all,

 

I am in some strange soup.

 

I used to work for a research lab(cap exempt) "B" and got offer in mid april 2013 from a cap subject company "A". company A applied for my h1b on 26th april. Against all expectations(since lottery for FY 2014 already happened before A applied) I got an approval in late Aug. I have never worked for a cap subject company before.

 

How do I find out if I got counted against cap?

 

I am not sure if my previous employer notified USCIS when I left them in april.

 

 

Thanks in advance,

Regards,

S

There is some real issue with your filing as it is not possible. Either your employer would have mistakenly filed you as cap exempt or USCIS officer would have overlooked your previous H1B from research lab. If you are working for your new employer then I believe it is illegal. Better show the copy of your I129 and all documents to a competent immigration attorney asap.

[bachimanchi]

Hi Sadaka,

did you ever find out what happened with your case. I would like to know, if it is possible to move from cap-exempt to cap-exempt when the cap numbers are available.

When I was researching online couple of attorneys expressed the opinion that, as long as you don't cease to be employed by cap-exempt until your cap-subject petition gets approved, then it is fine. They also said, once it gets approved one can work for cap-subject employer. I can't post those links as they got deleted before. Please let me know.

 

Thanks!