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  1. #1
    Join Date
    Feb 2017

    Default How Does the H1b Cap Exemption Work


    My question is regarding h1b cap exempt .

    My H1b was picked up in lottery last year in May through my current company , but due to some business reasons the they did not send me to USA, so I have not traveled to USA , no stamping was done too.

    Can another company in USA apply for H1B transfer without going through lottery again ? , in other words can I be considered for H1B cap exempt if another company wants to file h1B transfer ?

    Really appreciate your response



  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How Does the H1b Cap Exemption Work

    If your employer is cap-exempt, then you have never been counted against the cap and you are only able to work for other cap-exempt employers until you are approved under the cap.

    If your employer was not cap-exempt, and you were already counted against the cap in relation to your H1B approval for your employer, then you may seek employment with other H1B employers without having to be counted against the cap a second time.

  3. #3

    Default Re: How Does the H1b Cap Exemption Work

    Q. My employer is not cap-exempt - Software Consulting Firm and I got visa through the Lottery Process

    Could you please brief me the process of change of employment if I could find a new employer in USA

    Thanks in advance - Mahesh

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