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Am I cap exepmt and Can I transger h1b to new employer outside US

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  • Am I cap exepmt and Can I transger h1b to new employer outside US

    The following is My case. I got new H1B subject to cap petition with Employer A for the first time 3 years ago and travelled to the US and worked there in status for 2 years, during which I also applied for an extension.

    I returned back to india during valid extension period, and here for 10 months and the extension period just ended, and I haven't got it stamped as I did not plan to travel back before expiry of extension date. But I still have 3 more years in my H1B subject to cap petition. Also I am with the same employer right now.

    I want to know if I can apply for cap-exempt petition with the same employer, ( 10 months in India and less than 1 month after visa expired ), if so, is there a time frame like less than a year outside US or anything of that sorts ? If so, I can apply for a cap-exempt petition right away or else plan to wait for the cap next year, so that I get 6 more years in US. Or simply, If I can get an extension on the expired visa ( outside US ) , which i guess is not possible.

    Also is it possible to switch employer in India, such that the new emplyer ( emplyer B ) can get me a visa under cap-exempt category ( with expired extension at hand ) ?

    Or is it possible to apply a cap-exempt visa with current employer and then transfer it to new employer B, who will be ready to do it for me, in India.
    Last edited by sbadri_2001; 10-21-2014, 05:37 AM.

  • #2
    Originally posted by sbadri_2001 View Post
    The following is My case. I got new H1B subject to cap petition with Employer A for the first time 3 years ago and travelled to the US and worked there in status for 2 years, during which I also applied for an extension.

    I returned back to india during valid extension period, and here for 10 months and the extension period just ended, and I haven't got it stamped as I did not plan to travel back before expiry of extension date. But I still have 3 more years in my H1B subject to cap petition. Also I am with the same employer right now.

    I want to know if I can apply for cap-exempt petition with the same employer, ( 10 months in India and less than 1 month after visa expired ), if so, is there a time frame like less than a year outside US or anything of that sorts ? If so, I can apply for a cap-exempt petition right away or else plan to wait for the cap next year, so that I get 6 more years in US. Or simply, If I can get an extension on the expired visa ( outside US ) , which i guess is not possible.

    Also is it possible to switch employer in India, such that the new emplyer ( emplyer B ) can get me a visa under cap-exempt category ( with expired extension at hand ) ?

    Or is it possible to apply a cap-exempt visa with current employer and then transfer it to new employer B, who will be ready to do it for me, in India.
    You would be cap exempt if you were in US in valid H1 status in last 6 Years, and you still have time left on that H1. So based upon what you have mentioned you would be cap exempt.

    If you want fresh 6 Years then you would have to go through Cap again, and if lottery next year too , then would have to go through lottery.

    It is possible to switch employer and the next employer can also file a cap exempt petition for you.

    This is my opinion not legal advice.

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