Physician FMG applying for Cap H-1 through a cap exempt employer

1. For a resident who is completing residency on Jun 30 on cap-exempt H-1B visa and has a job offer from a hospital that is cap-exempt because it is non-profit and has affiliation with a medical school for training, can the employer be requested to first apply for a cap-subject H-1B visa on April 1?
2. If the lottery does not come through, can hospital apply subsequently for cap-exempt? Are there any risks with this approach?
3. Is a start date of July 1 possible with cap-subject?

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Watch the Video on this FAQ: Physician FMG applying for Cap H-1 through a cap exempt employer

Video Transcript:

1. My guess is they can. You can also have the employers' lawyers look into it or your lawyers look into it including making a phone call to the USCIS. Document what they have to say and if they say yes, then there is no problem, but if they say no it can be followed up further.

2. They can, later on, do a cap exemption. If you don't go through the lottery their right to do a cap exempt is already there.

3. No, it is October.


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on

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