H1B Visa Cap Exemption / Transfer

Current H1B visa holders can transfer their visa and start work for a new employer as soon as an H1B transfer petition is 'submitted' to the USCIS by the new employer (sponsor company). The applicant does NOT have to wait until the Transfer is issued.

   

H1B transfers are Unlimited and are NOT counted towards the regular H1B quota (cap). 

* this means H1B transfers can be filed at any time of the year.

   

The H1B transfer bill approved in the senate and House (bill S.2045) now has rules that enable valid H1B visa holders to change jobs upon the filing of a new petition by the new employer as long as the individual is in lawful status at the time of filing and has not engaged in any unauthorized employment since his or her last lawful admission.

   

Under the H1B portability rules of the American Competitiveness in the 21st Century Act (AC21), an H1B visa holder may transfer to start work (a new H1B job) with a new employer, provided that the new US employer follows the procedures to file an H1B transfer visa application on behalf of the worker.

Transfers allow individuals who have filed for adjustment of status and whose cases have been pending for 180 days or more to change jobs or employers without affecting the validity of the I-140 or underlying labor certification, as long as the new job is in the same or a similar occupational classification to the job in the original H1B visa petition and labor certification.

During the H1B transfer procedure, the following documents may be required:

• Up to 3 months latest pay stubs.
• Copy of your existing H1B approval.
• Passport copies.
• Copies of I-94 records.
• Copy of Social Security Card.
• Latest Resume.
• Copy of existing valid visa.
• Copy of all your Diploma/Degrees.   

H1b Visa Exemption Cap:

• Are you looking for an employer with H1-B exemption cap?
• We can help you to file under h1b exemption cap. All we need is:
• Your payroll must run for atleast 3 month under your previous employer
• You may be currently under any visa status.
• We can file H4 to H1b, B1/B2 to H1b, only if you worked earler on H1.
• Currently you must reside in US, we are unable to sponsor H1B under exemption cap if you are located outside US.

The "cap exempt" provision of the H1B visa program allows certain US companies and organizations to employ an unlimited number of H1B workers and apply for H1B's at any time of year 
Unlimited in number and can be applied for and filed all year round. 

1. cap-exempt has No annual numerical limit
2. cap-exempt has No set filing dates
3. cap-exempt has No set employment start dates

• Cap exempt H1B's are available for ALL types of H1B jobs and positions.
• Once you have an H1B you can then transfer it to a new employer.
• All types of jobs and positions are available for cap-exempt H1B visas.

Current H1B Workers:

Petitions filed on behalf of current H1B workers do not count towards the congressionally mandated H1B cap. Accordingly, this rule does not affect USCIS processing of petitions filed to:

Extend the amount of time a current H1B worker may remain in the United States ;

Change the terms of employment for current H1B workers;

Allow current H1B workers to change from one cap-subject position to a different cap-subject position with a different employer; or Allow current H1B workers to work concurrently in a second H1B position.