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H-1b no cap petition

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  • H-1b no cap petition

    Hi,

    My H1 visa will expire in March'15. Right now I'm in US but due to unavoidable circumstances, I have to return to India by Dec'14 and wont believe that I will be able to return before visa expiration. I want to change employer after returning to India. However below questions are coming to my mind.

    1) Can I apply for H1 no-cap petition in India, if I change my employer after returning back (thru new employer)?
    2) If yes, then will my visa gets transferred to new employer?
    3) Can I initiate no-cap filing even when serving notice period with current employer (2 months of notice period)?
    4) Is there any chance of rejection for no-cap filing?


    Any help will be highly regarded & appreciated.

  • #2
    Originally posted by debz View Post
    Hi,

    My H1 visa will expire in March'15. Right now I'm in US but due to unavoidable circumstances, I have to return to India by Dec'14 and wont believe that I will be able to return before visa expiration. I want to change employer after returning to India. However below questions are coming to my mind.

    1) Can I apply for H1 no-cap petition in India, if I change my employer after returning back (thru new employer)?
    2) If yes, then will my visa gets transferred to new employer?
    3) Can I initiate no-cap filing even when serving notice period with current employer (2 months of notice period)?
    4) Is there any chance of rejection for no-cap filing?


    Any help will be highly regarded & appreciated.
    1. You dont apply for the petition, the employer would do so. If you have not exhausted 6 Years of stay in US on H1 then yes, another employer can file cap exempt petition for you.
    2. Technically there is nothing called a transfer of visa. What the next employer would do is file a cap exempt H1 petition, once it is approved, you can go for fresh visa stamping.
    3. Yes you can.
    4. Yes like any other petition and visa stamping, chances are always there.

    This is my opinion not legal advice.

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