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by neubyr 4816 days ago
Nope, I am on a cap-exempt H1B for last 2-years.

Technically H1B visa is never transfered, but it's always a new application when you change employment. In 'normal' cases, people start with a cap-based H1B (with some profit making company) and then change employment to another profit making company. Their new H1B application isn't transfered, but it's not subject to any cap as that applicant has been already counted in the cap. The rule says that, "an applicant will not be counted towards cap if he/she has been subject to cap in last 6 years". Most cases fall under this category and hence it's commonly perceived as 'H1B transfer (without going through cap again)'.

If one starts with a non-profit H1B, then he/she needs to go through a cap-subject process to join a profit making company. While it's not impossible, it's extremely difficult to find an employer who will apply for your H1B in April and wait until October 1'st (when new FY begins) for you to join the company. There is a way out here - you can start working before October if you do concurrent employment at both places, but again that's difficult to achieve (both employers should agree as well!).

IMO:

   * the wait time from April to October should be eliminated
   * allow work as soon as visa is approved
This will reduce the application rush and companies can pursue good candidates all round the year.

Also, keep in mind that not all H1B holders will enter US. It can be a carrot stick to curb attrition as an H1B holder employee won't switch a company in the hope of being 'on-site' some day. Although it's expensive to use this tactic nowadays as H1B fees are high!!