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  • H1B cap exempt approval /rejection chances.

    Hi experts,
    My H1B visa was approved in Nov,2011 and expired on Nov,2013. I stayed only 6 months in USA with H1B Visa.
    Currently my employer filed my H1B visa as cap exempt visa.

    My new visa is filed with the same employer, same client and same worklocation similar to my earlier pettition.

    And I am working with my current employer for last 7 years and its a cmmi 5 level mnc.

    Now , my question to you guys as all the details are same. Is there are any chances of rejection/denial to my new pettition ?

    As I have 5.5 yrs left, I Know if approved , i will be allowed 3 yrs visa initially, is there is any possibility of extention for another 2.5 yrs as with the normal visas?

    What will be the time line for processing my visa , as it is filed as 'normal' mode ?

    Thanks in advance for the help?

    Regards,
    Avik
    Last edited by avik.chatterjee; 11-10-2015, 01:01 PM. Reason: Another query

  • #2
    Now , my question to you guys as all the details are same. Is there are any chances of rejection/denial to my new pettition ?
    >>> Can't predict things like these. Just because all the information is the same, USCIS won't blindly approve the petition. This will be treated as a new petition and based on the documents submitted, a decision will be made. If USCIS needs more documents to decide, then an RFE will be issued.

    As I have 5.5 yrs left, I Know if approved , i will be allowed 3 yrs visa initially, is there is any possibility of extention for another 2.5 yrs as with the normal visas?
    >>> Yes, you can extend the petition.

    What will be the time line for processing my visa , as it is filed as 'normal' mode ?
    >>> 5-6 months.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks shervin143

      Thanks shervin143 for your response.


      I agree doucuments will be verified. I know my company reputation and they hire good attorneys as well.


      I just wanted to know apart from documents if there can be any other reasons for denial ?

      Please help.


      Originally posted by shervin143 View Post
      Now , my question to you guys as all the details are same. Is there are any chances of rejection/denial to my new pettition ?
      >>> Can't predict things like these. Just because all the information is the same, USCIS won't blindly approve the petition. This will be treated as a new petition and based on the documents submitted, a decision will be made. If USCIS needs more documents to decide, then an RFE will be issued.

      As I have 5.5 yrs left, I Know if approved , i will be allowed 3 yrs visa initially, is there is any possibility of extention for another 2.5 yrs as with the normal visas?
      >>> Yes, you can extend the petition.

      What will be the time line for processing my visa , as it is filed as 'normal' mode ?
      >>> 5-6 months.
      Last edited by avik.chatterjee; 11-11-2015, 12:41 AM.

      Comment


      • #4
        If the documents are in order, then it will get approved provided the individual's background is clean.

        Originally posted by avik.chatterjee View Post
        Thanks shervin143 for your response.


        I agree doucuments will be verified. I know my company reputation and they hire good attorneys as well.


        I just wanted to know apart from documents if there can be any other reasons for denial ?

        Please help.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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