H1 Cap - Exempt

[raman1983]

Hi

 

I am currently in US with L2 EAD working for company say 'X'. I am looking to move to H1 ASAP.

 

I had applied for H1 in 2013 cap counted through another company say 'Y' and have the approval notice with me. But I never worked for that company.

 

Would it be possible for my current company to apply a cap-exempt H1 petition(as I was already cap counted) to move me to H1 and will I be able to COS immediately. Some say that's the case. But I do here from my company that it wouldn't be possible as I never worked for that H1 petitioner & they would need the pay stubs to do transfer or apply a cap-exempt petition.

 

Kindly advise.

 

Thanks.

[jairichi]

Hi

 

I am currently in US with L2 EAD working for company say 'X'. I am looking to move to H1 ASAP.

 

I had applied for H1 in 2013 cap counted through another company say 'Y' and have the approval notice with me. But I never worked for that company.

 

Would it be possible for my current company to apply a cap-exempt H1 petition(as I was already cap counted) to move me to H1 and will I be able to COS immediately. Some say that's the case. But I do here from my company that it wouldn't be possible as I never worked for that H1 petitioner & they would need the pay stubs to do transfer or apply a cap-exempt petition.

 

Kindly advise.

 

Thanks.

Did your cap subject H1B petition was approved as COS? If it was approved as COS then you have to stop working for L2 employer immediately as it is considered unauthorized employment. And, also you will be considered as out of status. If your cap subject H1B petition got approved without COS you are fine.

Your current employer can file a cap exempt H1B petition.