Changing H-1B Employers

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Published: Wednesday, 31 December 2003 19:00

I'm thinking about changing from my current H1B employer to a new company...does the cap affect me?

No. The cap only affects persons who are not currently in H1B status but are trying to get into such status. If you are already an H1B employee, switching companies will not affect your eligibility for a new approval in the new employer's name. Make sure you remind your lawyer to clearly mark the package "CHANGE OF EMPLOYER- NOT SUBJECT TO CAP" so they don't accidently kick back the case.