My H1b via consular processing, if I quit, new H1b will be non-CAP?

  1. My employer filed H1b visa through consular processing instead of “change of status”. And asked me to use the STEM OPT extension.

    1. So my H1b application was processed through lottery this year (2013)and got picked and also got approved.

    2. I’m currently in OPT and will expire in August 2013, so im in process to apply for my STEM OPT extension for next 17 months.

    3. My employer with recieve the h1b packet soon and will not give me until Jan 2015, when there is a need to transfer from F1 to H1b. For which I will have to leave the country and get it stamped.

    4. Currently , all I have is a email from USCIS about h1b approval and the receipt notice # ( WAC #)

    So, my question is if I quit the current employer in July 2013 and join new employer in July , and new employer can file my H1b as NON-CAP case ?? or in other words, my new employer can apply for h1b any time and dont have to wait for April quota.

    Thank you in advance.


Yes, they can file a cap-exempt petition for you. The best is to have copy of approved petition from old employer. If not, they can use the receipt number and print out of online status showing it as approve.