Is transfer from cap-exempt employer to regular employer subject to the quota?

Question: I am working for ABC company, which sponsored my H1B (cap exempt) visa as they are a cap-exempt employer. Now I am willing to switch to XYZ employer, which is not a cap-exempt employer. Is it possible for XYZ employer to transfer my H1B visa any time of the year or do they have to wait till April to sponsor a new H1B (65000 application) visa for me?

Answer: If you transfer to a regular employer, you are no longer cap-exempt. The quota applies to you. You will need to wait till the next year’s quota opens in April to be able to file.


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