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Is CAP exempt??

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  • Is CAP exempt??

    Hi,

    Please find my case details as below.

    1. In 2013, my employer from India applied my H1 and it got approved till 2016. I did not go for visa stamping.
    2. In May 2013 I got married and left my job and came to US with H4 visa.
    3. Recently I got my I-797 from my employer.
    4. Now I am planning to change from H4 to H1.

    Is my case fall under cap exemption?
    As I am never on H1 status and no H1 visa stamped do USCIS consider this?

    Waiting for replies. Please guys help me in finding this.

    Thank you very much.

  • #2
    Originally posted by smdhu View Post
    Hi,

    Please find my case details as below.

    1. In 2013, my employer from India applied my H1 and it got approved till 2016. I did not go for visa stamping.
    2. In May 2013 I got married and left my job and came to US with H4 visa.
    3. Recently I got my I-797 from my employer.
    4. Now I am planning to change from H4 to H1.

    Is my case fall under cap exemption?
    As I am never on H1 status and no H1 visa stamped do USCIS consider this?

    Waiting for replies. Please guys help me in finding this.

    Thank you very much.
    Yes you are cap exempt.

    This is my opinion not legal advice.

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    • #3
      Thanks Raghvi for your response.

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