Hi, I’m currently working in the US on OPT which will expire June 2014. My company filed for my H1B this year but I missed the lottery. In order to avoid the same situation next year and continue working in the US with the same employer what are my options?
An idea I have been thinking about it is this - I know of a non-profit org that would also be willing to file for my H1 next year and since non profits are cap exempt, I’m guessing they would not be subject to the lottery. In the event that my current employer’s petition does not make it to the lottery again next year and I get a receipt number from the non profit’s filing, can I still get my current employer to transfer this H1 from the non profit even before its approved and then have it go through the regular process?
The for-profit company cannot file cap-exempt petition (aka H-1 transfer) using the non-profit H-1 until you make through the cap. So if you don’t make through next year’s cap, then cap-exempt petition to current employer cannot be filed.
Thank you Saurabh! so will it work if I can get another for-profit company say B to file a H1 petition for me and if that gets selected in the lottery, have my current employer A transfer the H1 even before B’s petition has been approved?
Also is it necessary that I have to be on B’s payroll for the H1B transfer to happen?
Employer A can not transfer the H1B until the Employer B has been approved.
If the B’s H1B gets approved before October 01, 2013, you dont need to be on their payroll for an H1B Transfer to Employer A
Agree w/ hireitpeople’s response.
You need to have at least 1 cap-subject petition approved. This can be filed by any for-profit company. Later on, another for-profit company can file cap-exempt petition for you (aka H-1 transfer).
Until you get your first cap-subject H-1 approved, you can only work for non-profit company (in your example).