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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4327
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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Thanks for your reply, I think I got some things wrong, I am

Customer Question

Thanks for your reply, I think I got some things wrong, I am currently not out of status, My last date of employment is in december.
When I checked for approval notice I see no difference between cap exempt H1b approval notice and cap subject H1b approval notice.
Now if cap subject initiates H1b transfer with all the documents will my H1b be approved ?Where in USCIS memo/rules it is mentioned that H1b portability prohibits transfer from cap exempt to cap subject employer?
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 6 months ago.

Hello again. I am happy to answer your additional questions but please note that your original question that I answered is still open and no feedback has been given. Please return there. Thank you.

Expert:  Jen Marie, Esq. replied 6 months ago.

Here are your new answers taking into consideration that you are still in current status:

1) No unfortunately you cannot change to a cap subject employer unless you have been subject to the cap in the last 6 years. This would be different if there were still cap subject visas available but there are no more for this year.

2) You petition will likely be denied only because you are on cap exempt now.

3) At this point, you can submit a change of status to a B2 tourist visa if you would like. That would allow you to stay in the US while it is pending, and if gets approved, you can stay for up to another 6 months. This will allow you to file for cap subject visa on April 1, 2017.

4) If you got the approval, you could change your status here in the US.

5) No there is no problem, for the future.

6) They will know by your approval notice. This can be known by the type of employer as well.

Good luck to you and I hope this answer has helped you!

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