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Can i use old CAP for new petition?

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  • Can i use old CAP for new petition?

    Reading through the forums I do understand that I can file for an H1B using my old CAP. Process and procedure?

    I was working from 2007-2010, and I left US in 2010. My petition was approved in 2006 and got my visa stamped in Nov 2006. Got my Perm approved in Feb 2010 and i left US in Apr 2010.

    Now I plan to return back, my query is
    1. Can a new petition be filed with the old CAP as I haven't reached the 6 year limit?
    2. If so, what is the process for filing a new petition and the approximate time span?
    3. If the filing is a success where do I have to get the stamping for the visa , as I stay in Malaysia.
    Do I have to go back to my hometown (India) or can I get it done in KL?
    4. What will be the procedure to apply visas for my dependents in this case?

    Regards
    tsrini

  • #2
    senior members- can you please respond to the queries and advise?

    Comment


    • #3
      Originally posted by tsrini View Post
      Reading through the forums I do understand that I can file for an H1B using my old CAP. Process and procedure?

      I was working from 2007-2010, and I left US in 2010. My petition was approved in 2006 and got my visa stamped in Nov 2006. Got my Perm approved in Feb 2010 and i left US in Apr 2010.

      Now I plan to return back, my query is
      1. Can a new petition be filed with the old CAP as I haven't reached the 6 year limit? -- Yes
      2. If so, what is the process for filing a new petition and the approximate time span? -- Find a job and the employer will file the cap-exempt petition. Petition can take 2 to 3 months in regular and 15 days in premium.
      3. If the filing is a success where do I have to get the stamping for the visa , as I stay in Malaysia. -- Yes, you can apply for the Visa at any US Consulate.
      Do I have to go back to my hometown (India) or can I get it done in KL?
      4. What will be the procedure to apply visas for my dependents in this case? -- Your spouse and children can apply for H4 Visa after the H1 petition is approved.

      Regards
      tsrini
      See above.
      This is my opinion and not legal advice.

      Comment

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