Can a cap exempt employee move to a cap subject employer?

According to the H-1B portability rules, changing jobs to a cap-subject employer requires the filing of a cap-subject case during the lottery. It is generally difficult for an individual working for a cap-exempt employer to transition to a cap-subject employer after the H-1B cap for the year has been reached.

Can a H-1B employee work for a cap exempt employer?

Under certain circumstances, an individual may be able to work for an H-1B cap exempt and cap-subject employer concurrently. In order to do so, the employee must continue to work at least part-time for the cap-exempt employer.

Can a higher education institution be a cap exempt employer?

Those are petitions filed on behalf of cap-exempt candidates and those filed by cap-exempt employers. For a higher education institution to qualify, it must meet the USCIS mandated criteria. According to Section 101 (a) of the Higher Education Act, an institution of higher education must:

Can a salary exempt employee work every week?

But there must be some part of the employee’s salary that is guaranteed every week in which they work at all. However, if the employee is paid by the hour, and earns a different amount of money depending on how many hours they work, they are probably not exempt.

Can a H1B worker work for a cap exempt employer?

An H1B worker working for an H1B cap-exempt employer can concurrently work for a cap-subject employer and can continue to work for the cap-subject employer even if he or she leaves the cap-exempt employer.

Is there a cap on the number of H1B’s?

While the regular H1B cap is currently set by statute at 65,000, there are several “exemptions” that raise the actual number of new H1B’s each year. A clear understanding of the exemptions available can help employers and applicants increase their options to seek an H1B even when the H1B cap is exhausted.

Can you transition from H1B cap exempt to cap subject?

Readers who wish to transition from H1B cap-exempt employment to cap-subject employment are advised that it is necessary to contend with the cap, in such instances. Is a Cap Number Needed to Move from Cap-Exempt to Cap-Subject Employment?

How long does it take to process a H-1B cap exempt case?

The H-1B cap-exempt processing time varies from case to case, and with the backlog of work at USCIS due to COVID-19, it’s really unclear the exact time processing an H-1B case will take. The time it takes the Department of Labor with the prevailing wage determination (if needed), the LCA, and USCIS’ processing can take six months or more.