H1B Cap-Exempt Possibility - 2022
Can I still apply for H1b with the same employer(companyB) or a different employer in cap-exempt?
3 attorney answers
H-1B visa requires a qualified employer to petition the U.S. Government for intended H1B Beneficiary foreign national by retaining a licensed immigration counsel for a subsequent approval to permit skilled Beneficiary to the United States to performed skilled work within the scope. H-1B visa Beneficiary should have the following:
1. A bona fide employer-employee relationship with U.S. sponsoring employer must genuinely exist on merits,
2. U.S. sponsoring employer must petition for a Beneficiary visa at no charge for the prospective employee by retaining a licensed counsel to handle that case,
3. U.S. employer must hire, terminate, supervise, and control every aspect of Beneficiary’s employment within H1B visa terms and conditions,
4. Beneficiary’s employment must conform with an occupation code, a degree or specialty skill, expertise and other valid factors,
5. Sponsoring Petitioner must demonstrate present Beneficiary education, specialty, or skills required to perform the job by its submission,
6. U.S. sponsoring employer must pay Beneficiary equal or higher than the prevailing wage for the filed occupation code in the geographic area of intended employment, without any H1B violations,
7. Beneficiary may not sponsor oneself as an employer and employee or pay attorney’s fees for Petitioner’s retained counsel.
DISCLAIMER The opinion given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide a case specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice the site should not be used as a crude substitute for any professionally competent legal advice by a licensed attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, laws and applications change frequently and vary greatly in U.S. jurisdictions and locales, therefore, any information and opinions expressed above remain general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in the State to obtain comprehensive legal assistance before making an informed decision regarding a particular legal issue within an attorney-client privilege setting. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
A petition can be filed. However if the old employer was to re-file, the issue with the denial should be considered.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.
A US employer may still submit an H1B petition for H1b if the same employer (company B) or a different employer in cap-exempt.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.