Cap-exempt H-1B to Cap trasfer and Visa Stamping

[Socalister]

I am currently working for Employer 'A' with a cap-exempt H-1B visa. My current Visa stamp expired in May 2011. I am planning to travel to India in mid-August to get a fresh Visa stamp with this employer's I-797 which is valid through 2013 and try to re-enter US in September first week.

If another "for-profit" Employer 'B' decided to sponsor H-1B under 2012 cap, how will it affect my current status with my current non-profit employer. Specifically:

1. If company 'B' files for cap H1-B before my Visa interview in India, is there a possibility of negative outcome due to this application (depending on if it has been approved or is pending)?

2. If I manage to get a Visa stamping for company 'A' from US consulate in India and company 'B' files for cap H-1B (and possibly approved) before I re-enter US, would that cause problems at port of entry with CBP when I try to enter in early September.

3. Can I still work for Employer 'A', on cap-exempt visa, after the Cap H-1B for Employer 'B' is approved?

4. Do I need to get a new H-1B stamp for Employer 'B' since the existing stamp would be for Employer 'A' with Cap-exempt H-1B?

Thanks for your help.

[shervin143]

1. If company 'B' files for cap H1-B before my Visa interview in India, is there a possibility of negative outcome due to this application (depending on if it has been approved or is pending)?
>>> Not an issue. It will not have any impact.

2. If I manage to get a Visa stamping for company 'A' from US consulate in India and company 'B' files for cap H-1B (and possibly approved) before I re-enter US, would that cause problems at port of entry with CBP when I try to enter in early September.
>>> No issues as long as you enter U.S with Company A's petition. Company B's petition will be effective only from Oct 1st.

3. Can I still work for Employer 'A', on cap-exempt visa, after the Cap H-1B for Employer 'B' is approved?
>>> Yes.

4. Do I need to get a new H-1B stamp for Employer 'B' since the existing stamp would be for Employer 'A' with Cap-exempt H-1B?
>>> No. You can enter U.S with any valid h1b visa and Employer B's petition. But you can enter only 10 days prior to the H1B petition effective date.

[Socalister]

Thanks for the quick response Shervin!

If I understand this correctly, I could use the H-1B Visa stamp for the cap-exempt employer with the approved petition from the employer subject to Cap, till it's valid and travel with that?

[shervin143]

Yes.

Thanks for the quick response Shervin!

If I understand this correctly, I could use the H-1B Visa stamp for the cap-exempt employer with the approved petition from the employer subject to Cap, till it's valid and travel with that?

[Socalister]

Thanks.