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My employer filed for my H1b when I was on my OPT and it got approved. According to the petition, it was valid from Oct 1, 2012 to Sept 30, 2013. After my petition got approved I did not take any action from my end (like applying for COS or stamping etc) and I left for India on Dec 21, 2012 to work in India. Then I came on H4 in Oct 2013 and I had an employer who was willing to do my H1 COS and transfer and according to him my petition could be reused and I would not come under any quota. Due to ethical reasons I did not go ahead with that employer (and many other employers). Since then I have been trying my luck with product based companies and also as a contractor (corp to corp).
Few employers are now saying that since I never used my h1b petition, I am not CAP exempt and I would have to wait till new window opens for fresh H1b petitions because USCIS will have rejected my previously approved petition. It means, if I get a job, I can only start working from Oct 2014. Other bunch of employers are saying that I am quota exempt. I am really confused as to whether or not I am CAP exempt. Does it depend on USCIS from case to case basis? It would be great if anyone can shed some light on my situation. Also, is it worth it to go to an attorney just to see if I am quota exempt? If the answers to my questions are available in this forum already then excuse me. I did a thorough search but could not find an appropriate answer.
Thanks,
Balaji
Few employers are now saying that since I never used my h1b petition, I am not CAP exempt and I would have to wait till new window opens for fresh H1b petitions because USCIS will have rejected my previously approved petition. It means, if I get a job, I can only start working from Oct 2014. Other bunch of employers are saying that I am quota exempt. I am really confused as to whether or not I am CAP exempt. Does it depend on USCIS from case to case basis? It would be great if anyone can shed some light on my situation. Also, is it worth it to go to an attorney just to see if I am quota exempt? If the answers to my questions are available in this forum already then excuse me. I did a thorough search but could not find an appropriate answer.
Thanks,
Balaji
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