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How Does the H1B Cap Work When You Change Employers

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  • 07-24-2014, 04:26 PM
    NIWH1
    How Does the H1B Cap Work When You Change Employers
    Hi: I have a few different questions, will appreciate any help !

    I am currently on H1b for 3 years, based on my current J1-waiver position in NIW area.
    (1) If I change employer after completing waiver, will my new H1 be counted under cap?
    (2) If I get an extension of H1b from current employer for further two years, and then apply for an "h1 transfer", does that change the cap situation for me?

    Thank you very much in advance for answers !
  • 07-24-2014, 09:07 PM
    T53147
    Re: How Does the H1B Cap Work When You Change Employers
    Please keep all of your questions in a single thread.

    Whether a person is exempt from the cap on a job change depends on whether his/her current H1B job went through the quota selection process.
  • 07-25-2014, 05:05 AM
    NIWH1
    Re: How Does the H1B Cap Work When You Change Employers
    Dear T53147:

    Thank you for reply. I got my current h1 as part of j1waiver, I presume it went cap exempt, so if I change employers now, that brings the above questions, please advise.
  • 07-25-2014, 11:20 AM
    T53147
    Re: How Does the H1B Cap Work When You Change Employers
    Whether an H1B employee is exempt from the annual quota depends on the employer and not the current or previous visa status of the employee. There is no way for a forum to know about a specific employer or job. Ask them both.
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