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!
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
Please see https://www.shusterman.com/h1b-visa-professional-model/
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.