H1-B cap exempt to H1-B cap visa


I am currently pursuing residency under H1-B cap exempt visa, that shall expire June’13.

Having received a job offer from a profit organization /private practice (H1-B cap employer) to commence work from 1st July’13.

Is there any possibility, I can get my H1-B cap exempt extended by 4 months and apply for a H1-B cap on 1st April’13, enabling me to commence work on 1st July’13?

Is there any other way to commence work immediately?

Your kind reply shall be highly appreciated.


The for-profit organization can file a cap-subject petition for you in April 2013. As your current status is already H-1 (although cap-exempt), you can start working for this for-profit organization from as early as April 2013 (or you can join from July 2013). You can continue working for them while your H-1 petition gets processed. If approved, then you are all set. If denied, you will have to move to another employer or leave US or move to another eligible visa status.

You cannot work for the for-profit organization prior to April 1.