One aspect of the H-1B transfer that people often try to exploit is the cap-exempt to cap-subject transfer. The thought is that one could enter the U.S. through a cap-exempt employer to avoid the lottery, then simply transfer to the cap-subject employer of their choosing.
It may sound like a waterproof plan, but the problem arises when you realize that you always need to file a new petition whenever you transfer your H-1B status.For H1B Visa Process Visit UT Evaluators
When the USCIS sees that your new employer is cap-subject and that you have not yet been counted against the cap, you will be subject to the lottery and all the restrictions that accommodate it.
You will have to file the cap-subject transfer petition on the first business day in April. If you file at any other time, the petition will be rejected without a refund. You will also be prohibited from working for your cap-subject employer until the first business day in October.
So, in order to permanently avoid the cap, you need to transfer exclusively to cap-exempt employers. As soon as you file to transfer to a cap-subject employer, you’ll be entered into the lottery.
How an Attorney Can Help
At SGM Law Group, our dedicated team of expert attorneys has a long history of success helping people through the maze of immigration law. Our lawyers will analyze your unique situation to help you determine whether you should file for an H-1B visa transfer before stamping or afterward.For more info on H1B Visa check Primovox
If you need legal counseling on this issue, contact one of our experienced immigration lawyers to join the countless success stories we provide. Fill out the contact form to see if you qualify for a free consultation.