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H-1b transfer government hospital

Milton, FL |

I came in the US Cap exempt. I want to transfer to another employer that is run by a Government. Can I transfer to a Government Hospital( this hospital is affiliated with higher education) exempt by the cap? or Is a Government hospital cap exempt? Has anyone have this kind of situation or process this?Thanks in advance

Attorney Answers 3


  1. There is a good chance the new employer is cap-exempt but there is no way to advise without reviewing the affiliation agreement and knowing whether they are tax-exempt.


  2. I agree with Attorney Feldman. It is highly likely the new employer is cap-exempt, but a formal assessment cannot be made without having an opportunity to review the affiliation agreement and tax exempt status.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.


  3. If the hospital is affiliated with an institution of higher education, it is a cap-exempt organization and can therefore file its H1B petition for you anytime.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.

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