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H1B Stamped and Expired - Not Travelled - CAP or NO CAP

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  • H1B Stamped and Expired - Not Travelled - CAP or NO CAP

    Hi,

    Please help me with my case

    1. I got my H1 B stamped from employer A but never travelled on it
    2. Visa got expired
    3. Now I am applying H1 B from employer B which is in peer status to employer A. By peer i mean both are IT companies of same stature

    Now will I come under 'H1 subject to Cap' or 'H1 NOT subject to Cap'

    Thanks in advance

  • #2
    Originally posted by bharath.blitz View Post
    Hi,

    Please help me with my case

    1. I got my H1 B stamped from employer A but never travelled on it
    2. Visa got expired
    3. Now I am applying H1 B from employer B which is in peer status to employer A. By peer i mean both are IT companies of same stature

    Now will I come under 'H1 subject to Cap' or 'H1 NOT subject to Cap'

    Thanks in advance
    When was it stamped? Till when was the H1 valid?

    Comment


    • #3
      Originally posted by raghvi View Post
      When was it stamped? Till when was the H1 valid?
      Raghvi,

      Petition approved in 2009, stamped in Feb 2010, was valid till 2012 July

      Comment


      • #4
        Originally posted by bharath.blitz View Post
        Raghvi,

        Petition approved in 2009, stamped in Feb 2010, was valid till 2012 July
        You wouldnt be subjected to cap, if you are able to provide receipt/approval notice of already approved H1 to the new employer. But you would need to go for fresh H1 interview.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          You wouldnt be subjected to cap, if you are able to provide receipt/approval notice of already approved H1 to the new employer. But you would need to go for fresh H1 interview.

          This is my opinion not legal advice.
          Thanks a lot raghvi

          Comment

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