If my employer withdraws H1B, I return back to home country, switch company, Would I still be cap exempt

Question

If my employer withdraws H1B, I return back to home country, switch company, Would I still be cap exempt

Anonymous Aug 27, 2015 4 views 3 answers

I am currently in US. Due to personal reasons, I have to go back and I switch company due to finantial reasons. From the new company can I still try to get an H1B on cap exempt? or should I go through the lotterry process again in the new company?

Karen-Lee PollakImmigration AttorneyDallas, TX · Accepted Answer · 2026-06-15T15:54:07+00:00

Karen-Lee PollakImmigration AttorneyDallas, TX

Karen-Lee PollakImmigration AttorneyDallas, TX · Jun 15, 2026

If you have the approval notice you are cap exempt even if employer withdraws.

0 upvotes

Calvin T. SunImmigration AttorneyPaoli, PA · Accepted Answer · 2026-06-15T15:54:07+00:00

Calvin T. SunImmigration AttorneyPaoli, PA

Calvin T. SunImmigration AttorneyPaoli, PA · Jun 15, 2026

Is best for the employer to withdraw on October 1 or later.

0 upvotes

Ralf Wiedemann · Accepted Answer · 2026-06-15T15:54:07+00:00

Ralf Wiedemann

Ralf Wiedemann · Jun 15, 2026

You would not be subject to the H-1B cap if you were already counted and do not stay outside the U.S. for one year or more.

0 upvotes

If my employer withdraws H1B, I return back to home country, switch company, Would I still be cap exempt

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