Skip to main content

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

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.

+ Read More

Attorney answers 2


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. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.