H1b Cap Exempt Query


In 2021, one of our product implementation partners has applied for my H1 and it was picked and got approved. I went for stamping which was approved after 221g(recently yet to submit passport). while my 221g was pending I received an offer from an MNC in Singapore. I would want to pursue the Singapore offer work for a year or two and then move to US. If my US employer revokes my H1 will I still be cap exempt or will I have to go through the whole lottery process again, even if my H1b is stamped but not travelled?


I would suggest proceeding with H1B stamping before accepting the Singapore job and letting your H1B employer know that you wont be joining now.

If you get visa stamped, your may be considered cap-exempt for future H1B. However there have been cases where USCIS have approved cap-exempt H1B even if the beneficiary had not opted for visa stamping but chances of such approval go down if visa is not stamped.

Thank you for your reply Kalpesh.

Yes I will be getting my visa stamped. The reason I wanted to move to Singapore is that it is a Big 4 MNC and after working for a year with them in Singapore as a manager and have them transfer my H1 I thought it might be easy for me to be eligible for EB1 after reaching US. the current H1B employer is a small organisation and that was the reason of 221g. If I get my H1 transfer being in Singapore with a full time opportunity might help me. This is my thought and please correct me if i am thinking down south.