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How to switch from cap-exempt to cap-subject employer?
Anonymous8 views3 answers
I'm currently looking for jobs hopefully with cap-subject employers. I guess I'm not sure what's the best strategy for me when changing from cap-exempt to cap-subject employers.
I'm currently on STEM. My employer has filed a cap-exempt H1B application for me in July 2015 and we expect to receive approval by November 2015 (STEM expires).
I know the new employer will have to file a cap-subject H1B for me in April 2016. However, my current company's lawyer has said that if I change employment to a cap subject employer, she recommended I start employment in Oct 2016. Because I can work for the new employer when my application is pending but once the cap-subject H1B gets approved, I can't work till Oct 2016. Is this true?
You have a complex set of circumstances and you have asked a lot of questions. Your future depends on what you do next. Please consult with an immigration attorney of your own to thoroughly review the details of your case. He or she will then be able to explain your options. You can find a good one in your area at the “Find a Lawyer” section of this website. A consultation shouldn't cost too much but will be well worth it. Good Luck.
If you are granted a cap exempt status, your prospective employer will not be able to file a cap subject H-1B petition until April 1, 2016. The petition will then have to be selected for processing by USCIS.
I am not sure if you understand the different types of cap exempt petitions. In some cases, an employer is exempt and in other cases the first 20,000 petitions are exempt as the candidate's have an advanced degree from exempt educational institutions. Response would depend on the category.
