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H1 transfer between cap exempt and non-cap exempt firms

Jersey City, NJ |

I currently have a H1B visa that is not cap-exempt. My current employer is not a cap-exempt entity.

I plan to transfer this to a cap-exempt employer ( non-profit) soon. If, say after a year or so, I have to move back to a non cap-exempt employer, will I face any complications?

In particular, will I be able to transfer back to a non cap-exempt employer even after the H1-B slots for that year have been exhausted?

I can certainly do this when transferring between non-cap exempt employers. But what if I am going from a cap-exempt one to a non-cap exempt one?

Attorney Answers 3

  1. You are not subject to the cap if you were counted against it within the past six years of applying. This means that you should be able to transfer from a cap-exempt employer if you initially were counted against the cap within a six year period.

  2. If you were counted against the cap once you will not be counted again. What you need to worry about is the limit on your stay (two 3-year periods).

  3. I concur with these answers.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

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