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H1B cap exemption for subsequent petitions.

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  • H1B cap exemption for subsequent petitions.

    Hello everyone.

    I'm currently facing the following problem and could really use some of your insight.
    Employer A filed a H1B petition for fiscal year 2014 for me, which was luckily selected in the lottery process. That petition is still pending.
    Employer A let me know that the project I was about to be hired for was cancelled and as a direct result they will no longer offer me a job. At this point it's not clear whether they are going to cancel the petition or just let it be.

    My question is this, If I find some other employer willing to file a new H1B petition for me (there is no concept of "transfer" in this situation if I understand correctly), will that petition be cap exempt?

    Taking a look on the I-129, Part C, Question 3.g, it appears like cap exemption kicks in only if you have previously gained H1B status (ie visa stamp + entered US). At the same time I'm seeing numerous articles online suggesting that referencing a previous cap subjected petition receipt number is enough for cap exempt status.

    Any ideas?

  • #2
    If A's petition gets approved then you will be cap-exempt otherwise not.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      If A's petition gets approved then you will be cap-exempt otherwise not.
      Even if the petition gets canceled after approval? Do you happen to have any kind of official reference for this?

      Thanks

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