Friday, February 27, 2009
H1B Non-Cap Exempt to Cap Exempt
I had a question regarding transferring from a Non-Exempt H1 to exempt H1B and had a hard time searching online as most cases refer to the issues from transferring in the other order. My question was lets say I decide to transfer from Non-Exempt H1 to exempt H1B and after a couple of months decide to switch back to a non-cap exempt H1B then will I be subjected to the cap? The answer is NO. Once you are counted towards the cap (basically if you ever held a non-cap exempt H1B) then you are no longer cap subjected in the next 6yr period. This is good info to know as it allows me the flexibility to switch back and forth without needing to worry about the quota. With the quota being especially tight these days and the whole April to October wait period, it certainly helps to not bother about quota when applying for a H1B transfer.
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