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Cap-Exempt H1B

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  • Cap-Exempt H1B

    I am currently in USA on a L1B visa which got expired last month. My 1-94 is valid till 2016.
    I am trying to find a job with a Non-Profit organization so that they can file a H1-B Visa for me in cap-exempt category.

    My question is:

    1. What is the time line for visa processing for a Cap-Exempt new H1-B visa.
    2. Can any Non Profit organization file for a Cap-Exempt new H1-B visa.
    3. Will my expired L1-B cause any issues, but my I-94 is still valid.
    4. How can premium processing help me in the New H1-B visa and how soon can i join the new employer.
    5. I want to resign after my H1-B is approved, Is that OK.

    Please suggest.

  • #2
    Originally posted by kn7 View Post
    I am currently in USA on a L1B visa which got expired last month. My 1-94 is valid till 2016.
    I am trying to find a job with a Non-Profit organization so that they can file a H1-B Visa for me in cap-exempt category.

    My question is:

    1. What is the time line for visa processing for a Cap-Exempt new H1-B visa.
    2. Can any Non Profit organization file for a Cap-Exempt new H1-B visa.
    3. Will my expired L1-B cause any issues, but my I-94 is still valid.
    4. How can premium processing help me in the New H1-B visa and how soon can i join the new employer.
    5. I want to resign after my H1-B is approved, Is that OK.

    Please suggest.
    1. Similar to new H1B minus the wait for cap to open. 3-4 Weeks normal processing, 2-4 Months regular processing.
    2. They should meet USCIS criteria of non profit entities.
    3. No it should not as long as you havent exhausted your 5 years L1 stay.
    4. You can join much faster. Normal processing may take months.
    5. yes.

    This is my opinion not legal advice.

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