Seattle, WA asked in Immigration Law for Washington

Q: Will a person with H1-B visa (cap-subject; approved I-140) need to ever go through lottery while changing employers?

Background: An individual with an H1-B cap-subject visa and an approved I-140, currently employed by a for-profit employer (say Google)

Step 1: Moving from a for-profit employer (Google) to a non-profit employer (say Harvard).

Step 2: Moving back from the non-profit employer (Harvard) to a for-profit employer (say Amazon).

I'm clear that Step 1 will not require going through the lottery again. Can you please confirm that Step 2 will also not require going through the lottery process?

Thanks again for your help; I really appreciate it!

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: The issue is whether you previously were selected in the H-1B lottery. If so, you do not need to go through the H-1B lottery again. However, if you did not go through the H-1B lottery because your previous H-1B employers was cap-exempt, you will have to go through the lottery if you wish to work for an employer who is subject to the H-1B cap

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