h1 without waiting for CAP - related to previous question

Question

IF my new employer has to file new H1 and my petition won't be cap-subject petition as I held an approved H1B recently. Do you have any link from USCIS website, which states the same?

Answer 1

I do not have any USCIS link with me now. I will update you if I find a direct link to this information.

As far as I know, one H1B cap is valid for 6 years and a company can use that cap to apply cap-exempt H1B petition. If the same company applies for H1B again it will H1B extension and if a new company is applying, it will be H1B transfer.

Alternatively, you may enquire with any immigration attorney and confirm this.

Comments

Thanks Surjith!!!

If you could send a link, it would be a great help!!