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URGENT: Cap exempt H1B petition filing

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  • URGENT: Cap exempt H1B petition filing

    Hi All,

    I have some simple queries and was wondering if anyone can help me out with that.

    I have an H1-b petition from an organization A, which was initilally approved, but now in the USCIS site it shows that the initial approval was revoked and a revocation notice was sent.

    The petition validity ends on september,01,2015.

    Now another organization B, is willing to file a fresh H1-B petition under cap-exempt . Just wanted to know as per new rules, by what time the organization should positively file the cap-exempt petition if done under :-
    1. Regular Filing.
    2. Premium Filing.

    3. In case everything works fine and the new petition is approved then the duration of the H1-B will be six years from the new cap-exempt petition , or will it be six years minus the time from when the first h1-B petition validity started.

    4.Also, I came to know through some of the posts in other threads that USCIS aproves fresh petition valid from 1 to 3 years, and now in general does not approve a 3 year valid petitions. Is that true? If yes, how can i ask my employer to apply for a 3 year valid H1-B petition.

    5. Also, i came to know through some of the thread that the Maximum duration of utilization of an H1B at a stretch including extensions and H1-B transfers can be 6 years, which means after 6 years one has to return back to India and wait for a year, and the next year one will apply a fresh petition for H1B. Is that right? Can someone explain how it works in my case? As In my case my initial petition validity started in October 2012 and expires in September 2015. However i have not been to US at all till now. So does this mean that if my cap-exempt H1-B is approved I will be eligible to stay only for at max 3 years and some months which adds to become six years from October 2012 ,saySpetember 2018,after which I will have to return back to India, and wait for one year before applying for a fresh H1-B petition.

    Please , help me .
    Thanks in Advance
    Last edited by simpleguy80; 02-07-2015, 05:41 PM.