H1B cap exempt

[Karthick Renganath]

Hi, My visa is expiring on Oct 4 2016. I might not be able to travel to US before that.My employer is planning to file extension through cap exempt. Now my question is, once my petition gets approved, should I go for stamping again or I'm eligible for Dropbox ? Thanks in advance.

[Karthick Renganath]

Could somebody please help me.

[speedracer]

Hi, My visa is expiring on Oct 4 2016. I might not be able to travel to US before that.My employer is planning to file extension through cap exempt. Now my question is, once my petition gets approved, should I go for stamping again or I'm eligible for Dropbox ? Thanks in advance.

Hi Karthick,

Your question is very convoluted.

1. When filing for an extension with the same employer the question of being CAP exempt does not arise. It is only for a new employer who is filing a fresh petition for an employee and wants to recapture unused days. Hence, are you employed with the same company? If not, you will have to go for an interview since your employer has changed.

2. CAP exemption and Visa Interview Waiver are two different things. You may be CAP exempt but still need to attend an interview. Your eligibility will be determined before you schedule an interview. This is after your petition is approved(6 months as of now), 15 days if on premium and after you pay the Visa fee.

In a nutshell, if your employer is filing for an extension of the same type of visa, in same location, you are most likely eligible for a drop box. You must still check http://www.ustraveldocs.com/in/in-niv-visarenew.asp

[raghvi]

Hi, My visa is expiring on Oct 4 2016. I might not be able to travel to US before that.My employer is planning to file extension through cap exempt. Now my question is, once my petition gets approved, should I go for stamping again or I'm eligible for Dropbox ? Thanks in advance.

Yes, in all likelihood you would be eligible for dropbox.

This is my opinion not legal advice.