H1 Query

[grajsaxena]

My employer in India filed my H1 in 2013 and petition was approved in Sep'13 however the employer did not send me to US due to project issues. The employer did not even get the visa stamped.

Now I wanted to change employer in India.

Question:

1 - If I change employer in India, and new employer wants to file H1 again, will It be considered as cap exempt since I already have petition approved by previous employer?

2 - Till how long will I be cap exempt?

[raghvi]

My employer in India filed my H1 in 2013 and petition was approved in Sep'13 however the employer did not send me to US due to project issues. The employer did not even get the visa stamped.

Now I wanted to change employer in India.

Question:

1 - If I change employer in India, and new employer wants to file H1 again, will It be considered as cap exempt since I already have petition approved by previous employer?

2 - Till how long will I be cap exempt?

If H1 petition was approved then you will be considered Cap exempt. As for validity, there is discrepancy around the date whether USCIS considers start date or end date or the last H1 status date. But to be on safe side you can consider yourself cap exempt till 6 years from petition start date.

This is my opinion not legal advice.