Am I subject to cap

raghuanu

Registered Users (C)
Dear Sir,
I finished my residency training in medicine in a non-profit hospital in June 2003. Now I am working for an employer who is not exempt from cap since July 2003. I am changing job again in July 2004 with another employer who is also not exempt from H1B cap. I am yet to file for this new job. Am I subect to Cap or is it OK to start the new job in July 2004 as long as I file my H1B before June 30th.

Thankyou
 
Originally posted by raghuanu
Dear Sir,
I finished my residency training in medicine in a non-profit hospital in June 2003. Now I am working for an employer who is not exempt from cap since July 2003. I am changing job again in July 2004 with another employer who is also not exempt from H1B cap. I am yet to file for this new job. Am I subect to Cap or is it OK to start the new job in July 2004 as long as I file my H1B before June 30th.

Thankyou

Your information is incomplete. I think this is what you are saying.

H-1 (Non Exempt) ------Transfer----->H-1 (Non Exempt)

If you are on H-1 with a non-exempt employer, transfer to another non-exempt is NOT subject to the cap, because such H-1 transfers are exempt.
 
OK

Originally posted by raghuanu
I think your reply gave me an answer. I started my residency training on July 1, 2000 on H1B in a non-profit organisation. I finished three years training on June 30, 2003. Started working as a full time physician from July 1, 2003 with an employer who is not exempt from cap. My new from July 1, 2004 is with another employer who is also not exempt from cap. Essentially it is a transfer from non-exempt to non-exempt.

Thankyou for the reply.

Then you have no problem. It is a regular H-1 transfer, exempt from the cap.
 
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