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Do H1B visas granted outside the cap to employees of universities or nonprofits differ greatly from those granted to employees subject to the H1B cap?

I seem to remember reading that an H1B visa granted outside the cap could not be used for working for a company subject to the cap, you would have to reapply and be subject to the lottery. Which makes me nervous about green cards.

Could someone with an H1B and working for a university still apply for a green card? Or are H1B's granted for university/nonprofit work not eligible?


That's right, H-1Bs for certain nonprofits (cap-exempt entities) are not subject to the annual lottery/quota but if one wants to move from a cap-exempt H-1B to an H-1B with a cap-subject company, then one needs to go through the lottery. However, part-time concurrent H-1B employment with a cap-subject company is allowed. There is no restriction on pursuing a green card if one is working for a cap-exempt entity.

Awesome, thanks for the reply!

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