Non Cap to Cap subject H1B

USA H1B Visa
1

Hi,

  1. I am currently on a non cap H1B and never faced the lottery before. If a potential cap employer applies for an H1B( this year,April1st), and it gets selected and approved, will it affect my current H1B?

  2. In case The cap H1B gets approved, and I deny the offer for some reason, will it affect my current H1B?

  3. My potential employer’s immigration team would like to evaluate the whole scenario and hence requesting my current non cap H1B documents(I797). Is this allowable? What are the consequences, if any?

2

Your current H1B approval is not affected by any other H1B’s result that you file.

Your current H1B approval will remain approved until its validity term even if any other H1B application is denied.

You can share the current H1B documents with new employer for studying your case. There is no issue with it.

More information for going from cap-exempt Employer to cap subject H1B Employer:

3

Thank you very much Anil :pray:t2:

In case the new h1b (cap subject) gets selected in the lottery and approved but I deny the offer of employment due to Salary/Terms, will my current H1B be affected ?

Also, if I dont accept the offer, would I have to face the lottery again to accept any other cap subject offer ?

4

It is your choice if you want to join the new employer after H1B approval or not.

You can use the lottery approved H1B later without going through lottery again.

5

A post was split to a new topic: What would happen if two different employers pre -register for my H1B?

6

Hi Nandhini,

I am in the same situation as yours, can you please update whether you were able to keep cap number without joining cap subject employer