What does it mean to file a "non cap subject H1B"?

Asked about 2 years ago - Miami, FL

I am currently on OPT and I have a pending H1B Petition on my behalf by Company A, but will mostly likely switch jobs to Company B.
Company B says they might be able to file a "non cap subject H1B" on my behalf if I am aprooved for the H1B.

Attorney answers (2)

  1. Gen Kimura

    Contributor Level 18

    Answered . It means that the company will file a transfer petition for you.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more
  2. J Charles Ferrari

    Contributor Level 20

    Answered . It this context it would mean "transferring" your H-1B to the new company. That, however, requires that your H-1B petition be approved.

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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