Conversion of Cap-exempt H1B (University) to Cap subjected H1B?


Registered Users (C)

I am currently working in university of Arizona, Tucson on H1B visa (cap exempt). I got a job in local private company and they are willing to do H1B (cap subject) for me.

What is the procedure to do this ? Company is small so I may need to guide them in the application.

Do I need to go out of the country to get the new H1B to start working in new private company ?

Also my current H1 B (university) has expired June 30th and I am working on a receipt notice for application to extend my university H1B for 3 years. Is it ok to apply for new cap subject H1B when my university H1 B extension application is pending with USCIS?

I appreciate your response.

Thank you in advance


Registered Users (C)
You shouldn't have problem to apply for new H1 while your other H1 extension is pending,however, you cannot work for the private company til Oct 1.
This is a typical bridging case, so the risk is if (cap exempt) H1 petition currently being pending gets denied, your H1 filed by the private company wont' come with I-94 attached to I-797. You need to travel and reenter in that case.

Your employer needs to submit LCA and I-129 with all the supporting documents.
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Registered Users (C)
Thank you GotPR, for your response. Appreciate it. So, if my cap exempt H1B is approved I don`t need to travel and reenter, right ?


Registered Users (C)
It depends on whether your employer filed H1 with change of status.

Assuming your employer filed H1 with change of status, both H1 petitions(cap exempt and subject) needs to be approved in your case.


Registered Users (C)
Hi GotPR, Many thanks for your earlier response.

More details and an update:

Earlier I got my first cap exempt H1B filed as change of status from F1 to H1B (valid till June 30th 2009), during that time I also got H1B visa stamped in India in November 2008

On June 12, 2009, My university has filed for 3 year extension of my cap exempt H1 B, and just yesterday my cap exempt H1B extension is approved and with validity till June 30 2012. I also received a new I 94 card valid till June 30 2012.

Now I am planning on applying for a cap subjected H1B with private company. I will continue to work in the university till I get cap subject H1 B approval.

Do you see any problem in applying for cap subjected H1 B ?

Does this cap subjected H1 B comes under transfer or new H1 B application ?

I appreciate your reponse.

Thanks in advance.