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1. I got my H1B visa stamped in Dec from my current firm(A) and is valid for 3 years.
2. I have never travelled to US before. Due to some family issues I want to delay my travel by another year or so.
3. I've got an offer from another firm(B) in India itself, but they don't have any plans to send me to US as of now.
As per my understanding:
My current employer (A) can cancel both my petition as well as my visa.
But if they don't cancel the visa, firm B can file for a cap-exempt petition. And I can fly using old Visa and new Petition.
My question is can firm B file for the cap-exempt petition even after one year since stamping?
"The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US."
2. I have never travelled to US before. Due to some family issues I want to delay my travel by another year or so.
3. I've got an offer from another firm(B) in India itself, but they don't have any plans to send me to US as of now.
As per my understanding:
My current employer (A) can cancel both my petition as well as my visa.
But if they don't cancel the visa, firm B can file for a cap-exempt petition. And I can fly using old Visa and new Petition.
My question is can firm B file for the cap-exempt petition even after one year since stamping?
"The H1B Cap exemption also applies to workers who are currently outside the US, as long as they held an H1B visa status during the past six years, have not exhausted the full six years, and have not spent a full year outside the US."
