H1B quota counting for application(premium or regular)

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rohitgad

Registered Users (C)
Hi gurus,
1)When a company files my H1B petition right now (Ihave a US MS degree), then the minute I get the receipt am I counted against the CAP?
2) If the company has filed the petition, but I don't join the company, will I be exempt from the CAP for future H1B petitions?

Currently company A is filing for H1B petition. I'm in the interview process for company B. I would like to join company B but since it's a top company there are many rounds of interview & I'm scared the 20000 cap will be over by then.
3) If I accept the offer from A, let them file the petition immediately, I'm guessing I will be exempt from the CAP from then on.
If I don't join A but I wait for a month and join company B & they will apply for an H1, will I be exempt from the CAP in the 2nd application?
Please answer ANY OF THE QUESTIONS asap.
Thanks a lot!
 
Guys,
any comments or suggestions on the above? I'm mainly concerned with when I am counted against the quota for the 1st time over the 6 year H1B period. Is it when my petition is submitted, or when I get the approval? Also, in case I don't join the company that filed the petition, is my count against the quota reset to 0 (from 1), in which case I'll be counted again when another company files the H1B petition?
Thanks a lot!
 
rohitgad said:
Hi gurus,
1)When a company files my H1B petition right now (Ihave a US MS degree), then the minute I get the receipt am I counted against the CAP?

If the petition is filed with USCIS and you have the receipt number, you are counted against the cap. Do not worry about approval date.

2) If the company has filed the petition, but I don't join the company, will I be exempt from the CAP for future H1B petitions?

Yes, you are not subject to cap for future H1B petitions (transfers and renewals) for the next 6 years usually.

Currently company A is filing for H1B petition. I'm in the interview process for company B. I would like to join company B but since it's a top company there are many rounds of interview & I'm scared the 20000 cap will be over by then.
3) If I accept the offer from A, let them file the petition immediately, I'm guessing I will be exempt from the CAP from then on.
If I don't join A but I wait for a month and join company B

Assuming you are on OPT right now, if Company A has requested for change of status in H1B petition (from F1 to H1B) and received I-94 with H1B approval document, you have to join and work for company A from the start date mentioned on the
I-94.

& they will apply for an H1, will I be exempt from the CAP in the 2nd application?

Yes, once you have H1B receipt number, you are not subject to cap for the next 6 years usually.

Please answer ANY OF THE QUESTIONS asap.
Thanks a lot!
Click to expand...
 
> Yes, once you have H1B receipt number, you are not subject to cap for the next 6 years usually.

What if H1B petition was withdrawn after receitp ? Does it still make it exempt from future cap ?
 
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