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Eligibility for Cap Exempt - Earlier Petition Withdrawn

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  • Eligibility for Cap Exempt - Earlier Petition Withdrawn

    Hello,

    Please find below details of my case along with queries:

    Employer A filed an H1B for me in the year 2011 and the petition was approved. I went for stamping but the consulate denied stamping due to some more documents required by Employer A. In the year 2012 I was called for stamping but I did not go since I was out of country and had taken another job. In the year 2014 Employer A filed for petition withdrawal and it was successfully withdrawn as checked on USCIS website.

    Now Employer B wants to file an H1B for me, so I have some questions on the same lines.

    Q-1] Am I eligible for cap exempt?

    Q-2] Does Employer A needs to be cap exempt employer for me to be eligible for cap exempt or that is not mandatory?

    Q-3] Does Employer B needs to be cap exempt employer for me to be eligible for cap exempt or that is not mandatory?

    Q-4] I do not have the original petition with me and the attorney has also denied to give copy of those. Can I get a copy of them from USCIS. If so how?

    Q-5] What all previous petition documents are mandatory?

    Thank You,
    Indrajit

  • #2
    Duplicate post.
    Not a legal advice. Use of this information is strictly at your own risk.

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