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  1. #1
    Join Date
    Jul 2014
    Posts
    3

    Default 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 !

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default 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.

  3. #3
    Join Date
    Jul 2014
    Posts
    3

    Default 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.

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default 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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