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Hello all, looking for some expert help here with my case. below are the details:
I came to US in Aug 2008 on H4. In the same year (2008) I got an H1-B approved too from an employer A (valid starting Oct, 2008).
For multiple reasons, I never looked for a job and hence never moved to the H1B status with employer A.
Now, I got a job offer from employer B. They were ready to file an H1-B for me but say that since I never moved to the H1-B status (even though I have approved H1B) I cannot be considered exempt from the H1-B cap.
Is that true? Do I have to be on the H1B status to be considered exempt from the cap? Having an approved H1 (I797) will not suffice?
Please do let me know at your earliest.
thanks & regards,
I came to US in Aug 2008 on H4. In the same year (2008) I got an H1-B approved too from an employer A (valid starting Oct, 2008).
For multiple reasons, I never looked for a job and hence never moved to the H1B status with employer A.
Now, I got a job offer from employer B. They were ready to file an H1-B for me but say that since I never moved to the H1-B status (even though I have approved H1B) I cannot be considered exempt from the H1-B cap.
Is that true? Do I have to be on the H1B status to be considered exempt from the cap? Having an approved H1 (I797) will not suffice?
Please do let me know at your earliest.
thanks & regards,
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