H1B cap-exempt transfer

Indiedoer

New Member
Hi there,

I had some questions on H1B cap-exempt and H1B cap-based visas.

1) Case 1: Person X, visa status: H1B cap-exempt

Q1: When this person gets picked into the lottery for H1B cap-based, at what point will her current employer (NPO) be notified? When the new employer file the paper work or when the change of status start i.e., Oct 1?

Q2: If the person decides to work concurrently with another for-profit employer on the H1B cap-exempt visa, does she have to ask her current employer for permission? If not, does she have to notify or will they be notified by default?

Q3: Once she moves to the new company on Oct 1st with H1B cap-based visa, can she still continue to work for the old employer on the new H1B cap-based visa?

2) Case 2: Person Y, visa status: OPT, Situation: Picked for the lottery with start date in Oct 1st

Q1: At what point is the person allowed to change roles i.e., H1B transfer after the start date? Is there a 60-day or 6 month wait recommended before she switches the role?
 
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