H1-B transfer - I-140 approved and over 180 days with cap subject employerA, transfer to cap exempt employerB and later back to cap subject employerC

[Sai07 (Sai Balaji)]

Hi Anil,

I have H1-B visa transfer questions. I’m with cap subject employer A now, I-140 approved and it’s over 180 days, can I transfer my H1-B to cap exempt employer B and back to cap subject employer C.

Questions:

1. Can cap exempt employer B file green card for me using the priority date of existing approved I-140 from cap subject employer A
2. Just in case later in some point If I would like to leave cap exempt employer B and wanted to join cap subject employer C, should I have to go through the H1-B lottery process once again to get picked and then do the H1-B visa transfer?
3. Can cap subject employer C use the priority date from approved I-140 from cap subject employer A to file my green card.

It would be great if you could share your thoughts.

Thanks,
Sai

[Kalpesh_Dalwadi]

@Sai07

I’m with cap subject employer A now, I-140 approved and it’s over 180 days, can I transfer my H1-B to cap exempt employer B and back to cap subject employer C.

Yes as you are already counted against the cap.

@Sai07

Can cap exempt employer B file green card for me using the priority date of existing approved I-140 from cap subject employer A

Yes.

@Sai07

Just in case later in some point If I would like to leave cap exempt employer B and wanted to join cap subject employer C, should I have to go through the H1-B lottery process once again to get picked and then do the H1-B visa transfer?

No as you are already counted against the cap.

[Sai07 (Sai Balaji)]

Thank you Kalpesh

Sai