H-1B Cap-Exempt Transfer : Transferring To Or From A Cap-Exempt Employer


There are alternatives if you cannot find a cap-exempt H-1B employer yet are currently on H-1B status. An H-1B transfer allows individuals with H-1B visa status, or previous H-1B visa status, to transfer to a different employer.

As the H-1B visa holder, you do not have to receive permission from the former employer, though you should follow non-compete laws or any other contractual agreements with the employer. In order for the H-1B visa holder to change employers, the new employer is required to submit an H-1B Visa Transfer petition with the USCIS. Check for H1B Visa Process in UT Evaluators

The H-1B visa transfer qualifications are as follows:

A. Must start employment on the date indicated on the H-1B Transfer petition submitted to USCIS.

B. You can begin working the day the employer receives the receipt from the USCIS.

C. If you have incurred a gap in employment (ceased employment with an H-1B employer prior to transfer), it is advised to file premium processing.

D. You must also provide pay stubs as evidence of employment, however, it is possible to submit other documentation i.e. a letter from H-1B employer or leave of absence letter.

While it varies in some cases, processing for an H-1B transfer typically takes 4-8 weeks after the application has been submitted to USCIS. Other factors that affect the processing length is the location of employment and which USCIS processing center is responsible for the application.

Transferring to or From a Cap-Exempt Employer

There are many instances of people wishing to transfer across employer exemption lines. While the advantages of entering the U.S. under a cap-exempt employer and transferring to a cap-subject employer seem good, the reality is that this is not a loophole that can be exploited. For H1B Visa Process Visit here

If your original sponsoring employer is cap-exempt and you wish to transfer to a cap-subject employer, then the latter employer will need to file a cap-subject petition on your behalf. This is because you will no longer be a cap-exempt candidate and have not been counted against the cap.

You will be entered into the lottery based on your education level. If your petition is selected, you can begin working for the cap-subject employer at the same time as all of the other applicants selected for that year, October 1st.