H1 TRANSFER TO NON-CAP EXEMPT TO NGO

Hi,

My current H1 is with an employer who is not cap exempt (i.e. mine was picked as part of regular lottery). If my h1B is transferred to NGO which is cap-exempt, will my H1B automatically become cap exempt?

If yes, does that mean that after I join NGO, I can only transfer my H1B to another cap exempt employer such as another NGO?

Thank you, appreciate your help!

Hi Sharmi,

Your question might be mixing two categories - cap exempt employer and cap exempt candidate. The NGO will be a cap exempt employer. By working at this place, you don’t become a cap exempt candidate in future. Cap exempt candidates are those for example who work for Company X (non cap exempt) for 2-3 years, maintain status, leave country and then wish to come back either to the same company or a different one. So if you spend three years at the NGO or any other company, maybe return home or to a foreign destination, then you do become a cap exempt candidate.

Best wishes