Transfered from NON-CAP-EXEMPT to CAP-EXEMPT( H1-B)

Hi All,

Employer A - Profit based organization (Non-CAP Exempt)
Employer B - Non profit based organization (CAP exempt)
I have a visa stamped till 2017 Feb. I came to US in 2013 under H1-B visa with Employer A. I worked for Employer A for more than 2 years and then I got a job from Employer B. Employer B filed a petition for me and got it approved. I resigned the employer A and joined Employer B and currently working for employer B.

Employer B’s petition end date is till October 2018 and myself / my wife has visa stamped till 2017,feb. Which means if I go out of country after 2017 feb then I would have to go for stamping using Employer B petition. My question is :-

a) My H1-B 6 years would be completed in 2019. Since I joined the cap exempt employer , would I get some benefit regarding the 6 years of duration ?
b) Can employer B files a new h1-b petition once my 6 years are completed and I don’t have to go back to the home country ?
c) Or would I have to go back to country when 6 years exhausted and come back when the employer B petition is approved for next 6 years tenure ?
d) If I find a job for Employer C which is non-cap exempt , can I go and get employed with them ? or I can now only get employed with cap exempt ?

please also let me know what all benefits I have regarding the H1-B when I am employed with employer B.


  1. No benefit. Anytime spent with A or B gets added to that 6 year bucket

  2. B cannot file for 7th year extension unless you have a qualifying green card application

  3. You have to leave US, wait for 1 year and then B can apply for another cap-exempt petition.

  4. As you previously had petition w/ A, you can move to another non-cap exempt organization. You will have to show A and B’s petitions for this.