I am currently on non profit H1B visa and last week my cap subject( Profit H1B) H1B got approved. 1)Can I stay in my current job, which is on a cap-exempt H1B, even after my cap-subject H1B petition gets approved?
2)If I stay with my non profit H1B now Can I move to profit H1B in the future without going through lottery process.
3) what happens if my profit H1B employer withdraw my petition? Can my profit H1B still considered as cap exempt in the future.
4)If I want to continue with my non profit H1B can I leave the other profit H1B without doing anything?
- Yes, you can .
- Yes, you should be able to…but, again, you need to join the new H1B company soon as per the date on it, so that you get the H1B status with the new cap subject firm. This is to avoid future issues.
- No, you lose it.
- You can leave it. It is your decision.
1 Like
So if my profit H1B employer withdraw the petition then in the future if I want to move to another profit company from my current non profit company, again I need to go through lottery process.
Yes, because you never had H1B status under cap…USCIS may ask for proof of your h1B status under cap…
1 Like
Thank you. One last question if I leave my profit H1B(3 years) without doing anything can I move to that H1B after 6 months or 1 year ?
Yes, you can. If the employer who filed has a role for you until then, you can do that.