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Question on unused & stamped H1B for Cap-Exempt Category

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  • Question on unused & stamped H1B for Cap-Exempt Category

    Hi,

    I had an unused H1B stamped & filed by my previous employer but expired in the year 2012. I never traveled on it. Currently I am doing my MBA on F1 Visa in the US, graduating in December, and would be filing a H1B again next year 2015 by an employer who is going to hire me. My question is, will this new H1B be considered under Cap-Exempt category or will it go through the lottery system?

    Your opinions and suggestions are extremely valuable to me. Thank you very much in advance! I look forward to your comments.

    Summary:
    1. H1B filed by my previous employer in 2011
    2. Stamped in 2011
    3. Expired in 2012
    4. Currently doing MBA in US on F1 Visa
    5. Graduating in Dec 2014
    6. Question: Will the new H1B to be filed next year (2015) be Cap-Exempt?

    Regards,
    GreenMind
    Last edited by greenmind21; 06-21-2014, 09:00 PM.

  • #2
    Originally posted by greenmind21 View Post
    Hi,

    I had an unused H1B stamped & filed by my previous employer but expired in the year 2012. I never traveled on it. Currently I am doing my MBA on F1 Visa in the US, graduating in December, and would be filing a H1B again next year 2015 by an employer who is going to hire me. My question is, will this new H1B be considered under Cap-Exempt category or will it go through the lottery system?

    Your opinions and suggestions are extremely valuable to me. Thank you very much in advance! I look forward to your comments.

    Summary:
    1. H1B filed by my previous employer in 2011
    2. Stamped in 2011
    3. Expired in 2012
    4. Currently doing MBA in US on F1 Visa
    5. Graduating in Dec 2014
    6. Question: Will the new H1B to be filed next year (2015) be Cap-Exempt?

    Regards,
    GreenMind
    Both. Your employer can file a cap exempt or cap subject petition. A Cap exempt one would allow you to start work immediately upon approval. For cap subject petition , if approved, you would have to await till Oct 2015 to begin work.

    Why do you want to be part of a potential lottery again?

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Both. Your employer can file a cap exempt or cap subject petition. A Cap exempt one would allow you to start work immediately upon approval. For cap subject petition , if approved, you would have to await till Oct 2015 to begin work.

      Why do you want to be part of a potential lottery again?

      This is my opinion not legal advice.
      Thank you very much for your opinion Raghvi, really appreciate it. I will look for potential employers to file my case under cap-exempt.

      Comment

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