Immigration Issues/H1B1 for Singaporean

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Question
Hi, actually I have two questions.

1) I'm now working in company A on H1B1 visa for singaporean. I would like to start my GC application, so I want to change my visa to the regular H1B. Can my company apply the regular H1B for me while I'm still working for them on H1B1?

2) Suppose I receive an offer from company B and they apply the regular H1B for me. Am I subject to the H1B cap?

Thanks a million times!

Answer
Hi,

You cannot change to H1B (with the same employer) until your H1B1 status is about to expire. Then the extension of status can be filed as regular H1B. You will not be subject to the H1B visa cap.

If you change employers, the new petition can be filed anytime as regular H1B. You will not be subject to the H1B visa cap.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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