Cap Exempt Filing
Hi,
I am a student graduating in December with my Masters degree. I have an offer from an university. I understand that universities apply for exempt-H1B. I also understand that exempt H1B's cannot be transferred to non-exempt H1B's.
Will I be able to work in the period from April to October 1st with the private company, when my non-exempt H1B is still in process? Will accepting this offer be a problem if i want to move to a private firm later?
Also will it be possible for me to request the university to apply for a non-exempt visa for me? Is that an option?
Thank You
You will be able to work for any employer during the period of time from April to October (as long as that employment is authorized). Employment during this time period does not need to be non profit or cap exempt employment. The H-1B non-profit, cap-exempt filing that the university will sponsor is for FUTURE employment. Keep this in mind, as what you do in the meantime has no bearing on the future H-1 employment.
If you are a student, you will need employment authorization to work for anyone during the time from April to October. Typically, students can get OPT (Optional Practical Training) status for one year. They may work on this status for one year after graduation. Also, if your degree is in a STEM-designated, degree program (certain degrees in science, technology, engineering, and mathematics), you can get a 17-month extension of the one-year OPT status after graduation. This gives you two years and five months of employment authorization. Another advantage this gives you is that you will have two chances to receive an H-1B (cap-subject) while remaining inside the US and working.
However, I understand you do not wish to receive a cap-subject H-1B, so let's discuss the cap-exempt filing. You are right...if you chose to file a cap-exempt petition and receive approval, you will not be able to transition to a cap-subject company at a later date without going through the cap. However, another advantage of the cap-exempt filing is that you can file this petition at any time during the USCIS fiscal year and as such, you do not need to file in April for an October 1st employment start date.
I would keep all of this information in mind as you consider making your decision.
Amber Triplett
atriplett@usimmigrationandvisasolutions.com
