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H1 Transfer: Now in London. LCA is valid till Nov 2015. Visa Expired

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  • H1 Transfer: Now in London. LCA is valid till Nov 2015. Visa Expired

    Hi all,

    I am working for XYZ company. They sent me to London from USA.
    But, want to move back to USA by leaving current employer XYZ (Reason: I am award winning developer but they moved me to L2 support).

    I have H1 LCA/I797 valid till November 2015. But my US visa is expired.

    What is the procedure to move back to USA.

    Thank you!

  • #2
    Find a job, the employer will file cap-exempt petition for you, apply for Visa after petition is approved, travel to US to work for this employer.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Find a job, the employer will file cap-exempt petition for you, apply for Visa after petition is approved, travel to US to work for this employer.
      Hi kabkaba, thanks for your response.

      Could you please tell me a little more on cap-exempt petition?
      1. Is that cap-exempt thing, a visa or a petition?
      2. I have already H1 I797 which is valid for 2-and-half more years. Still, do I need another petition (cap-exempt) ?
      3. If cap-exempt petition is only the solution, what supporting criterion can I provide for exemption?

      Kindly respond.

      Thank you!

      Comment


      • #4
        Cap-exempt means you are not counted under the annual 65000 cap since you have already been counted and you have not used up your 6 years. Transfer, extension etc. are examples of cap-exempt petition. You need to copy of previous approval notice or receipt notice to claim cap-exemption.
        This is my opinion and not legal advice.

        Comment

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