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  • H1B Cap Exception

    Hi,

    I have H1B petition filed by one of employer in 2008, so I have got my I797B which is valid till Sept 15th 2011.
    I went to Visa interview in 2008 , but I got yellow form asking client letter and Project clear details.
    My employer couldn't produced those documents, so I have not submitted.
    So my H1 I797B is expired on Sept 15th 2011.

    So
    1. Am I eligible to file H1B Cap Exception from other Employer using same I797B?
    2. In 2008 I got yellow form seeking the information so will there be any problem for me if I go for interview with other employer documents?
    3. Generally what are the documents Visa offer asking these days?
    4. As I am planning to go to another employer , what are the basic questions I need to ask them to verify if they are genuine and able to give me all documents which Visa offer asks.
    Last edited by pamruthp; 11-16-2014, 11:58 PM.

  • #2
    Originally posted by pamruthp View Post
    Hi,

    I have H1B petition filed by one of employer in 2008, so I have got my I797B which is valid till Sept 15th 2011.
    I went to Visa interview in 2008 , but I got yellow form asking client letter and Project clear details.
    My employer couldn't produced those documents, so I have not submitted.
    So my H1 I797B is expired on Sept 15th 2011.

    So
    1. Am I eligible to file H1B Cap Exception from other Employer using same I797B?
    2. In 2008 I got yellow form seeking the information so will there be any problem for me if I go for interview with other employer documents?
    3. Generally what are the documents Visa offer asking these days?
    4. As I am planning to go to another employer , what are the basic questions I need to ask them to verify if they are genuine and able to give me all documents which Visa offer asks.
    Did you apply in 2008 Cap or in 2009 Cap? If 2008 then I dont think you would be cap exempt. If 2009 then:
    1. Yes possible.
    2. No dont think so.
    3. Same as earlier, without client letter it would be difficult unless you have a very strong internal project/product.
    4. Apart from basic company related documents, ask them copy of client letter, and SOW on the end client's letter head before going for the interview. Do research online about the employer as well as the end client.

    This is my opinion not legal advice.

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