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Timelines for CAP exempt

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  • Timelines for CAP exempt

    Hi All,

    Company A filed a H1 petition for me in 2008 ( Receipt date : May 1, 2008 and notice date June 6 2008 ). However, I never went for stamping due to recession, etc.

    Company B has filed for a CAP exempt petition in April 2014. However, it's still in "Initial Review". Receipt date is 1st May 2014.

    I want to know - by when latest - my petition if approved, I will have to enter USA. Is it before Oct 1, 2014 or I have more time.

    When you think I should request my employer to go for Premium Processing ?

    Thanks!

  • #2
    Originally posted by amritraj View Post
    Hi All,

    Company A filed a H1 petition for me in 2008 ( Receipt date : May 1, 2008 and notice date June 6 2008 ). However, I never went for stamping due to recession, etc.

    Company B has filed for a CAP exempt petition in April 2014. However, it's still in "Initial Review". Receipt date is 1st May 2014.

    I want to know - by when latest - my petition if approved, I will have to enter USA. Is it before Oct 1, 2014 or I have more time.

    When you think I should request my employer to go for Premium Processing ?

    Thanks!
    I believe the petition has to be approved by Oct 2014. You should go for premium processing now.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks for the reply !!!

      So, if the petition is approved by Oct 2014, still that would be ok with me travelling after that ? Or, I should be within USA before October 2014 ?

      Comment


      • #4
        If it is approved prior to Oct 2014, and if your employer has given enough evidence for a 3 Year approval then the petition would be approved till 2017 and then you can travel till 2017 with the latest employment letter. Provided its same location/client. If not then an amendment would have to be filed.

        This is my opinion not legal advice.

        Comment

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