H1B cap exemption processing time

[niranjanbn]

Hi,

I have H1B visa validity till 7th Feb, 2014 and the stamping is done successfully, but not traveled to USA. Now my employer is planning to send me in 2nd week or 3rd week of December. I have few questions on cap exemption processing time and on my stay while processing the cap exemption.

1. Can I raise cap exemption after reaching USA? If Yes, what is the last day to raise for this?
2. How many days it will take to process the cap exemption? Please provide the details for non-premium and premium requests.
3. Till what date(time) I can stay in US while processing the Cap exemption?

Thanks in advance.
Niranjan

[kabkaba]

What do you mean by 'raising cap-exemption'?

Your current employer or a different employer will be filing an H1B petition for you. The petition will be exempt from annual cap because you already have an approved petition. The petition is not different in any other way. The new petition must be filed before your I-94 expires. (You will receive I-94 at port of entry which will match your current petition expiry date)

It takes 2 to 3 months in regular processing and 15 days in premium to get a decision. You can stay in the US and work while it is pending as long as it was filed before I-94 expiry.

[niranjanbn]

Thanks kabkaba for your valuable information.

And coming to 'raising cap-exemption request', by mistake I had typed it instead of 'filing a petition for cap exemption'.