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H1 Cap Exemt

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  • H1 Cap Exemt

    Hi,

    I came to US in March 2008 on h4(Valid stamping till march 2011) and I applied for h1 in 2008 ,got approval in october 2008 valid until sep 2011.I did't work with that employer so he revoke that h1 in 2009 feb.I did not do any change of status.I thought I was on h4.In 2011 Jan I applied for H4 extension and I got that.Now I got the job My employer want to file h1 under cap exempt.am I eligible for H1 Cap exempt.
    can any one reply me please.

    Thanks,
    Asha

  • #2
    Originally posted by ashap View Post
    Hi,

    I came to US in March 2008 on h4(Valid stamping till march 2011) and I applied for h1 in 2008 ,got approval in october 2008 valid until sep 2011.I did't work with that employer so he revoke that h1 in 2009 feb.I did not do any change of status.I thought I was on h4.In 2011 Jan I applied for H4 extension and I got that.Now I got the job My employer want to file h1 under cap exempt.am I eligible for H1 Cap exempt.
    can any one reply me please.

    Thanks,
    Asha
    It'll just depend on how USCIS views it it. Because you did get an H-1B number back in October 2008 even though you didn't join the employer, USCIS might see you as cap-exempt. Your employer can file as an H-1B cap exempt and see if USCIS will accept it.

    Cheers,
    Jackie

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