Cap-Exempt H1-B by recapturing unused years
I'm currently in Grab Singapore, I recently got accepted an offer from a startup in MTV who applied for H1-B and I got the lottery. I'm waiting for the approval notice to finish stamping. Meanwhile during the visa process, I interviewed at Microsoft in Vancouver and got an offer. Currently the Microsoft job looks better for growth and I wish to take it, however, I finally plan to settle in the US due to higher TC and better job mobility. In that regard -> Can I get the H1-B visa stamped, refuse the startup offer and go with Microsoft? Will I be able to reuse the H1-B in the next six years? I've heard that if you have an approved H1-B in say 20xx, but you don't use it or use it for less than 6 years, one can recapture the remaining years by filing a cap-exempt H1-B application before the year 20xx+6. Just wanted to know if my understanding is correct and this is a viable option. This will enable me to interview for US companies some time within next 6 years without worrying if the company is willing to take a lottery risk or not. Startup TC: 190k USD Toronto TC: 175k USD YoE: 5
I worked in the US on H1 for 2.5 years, then went to India to do a startup. I came back after 3 years and was able to use the rest of the H1-B’s 6 years - no lottery needed.
That’s because your H vested.
But isn't having a stamp on the passport as good being counted against the cap (i.e vested) for H1-B?
No it’d be an unvested H, you could work for that startup for a day, keep the paycheck and then it’d work. If the startup does not withdraw it’ll work too(more complicated but doable legal argument)
What a bunch of bullshit, you have to redo the lottery if you go out of your H1-B status.
Not true. OP’s plan is actually good, it’s just kinda risky since he won’t be working for the MTV company
I read the rules and found that this indeed is doable.