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H1B refilling in cap exempt category

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  • H1B refilling in cap exempt category

    Hi,

    I am currently in US on my L2 EAD. I also have a expired H1B visa(2013) from my previous employer. I did not travel with my H1B to US for personal reasons.

    I am currently getting a job offer from a different employer.

    Can they file my new H1B under cap exempt category using my old petition? if so what are the steps. Please let me know at the earliest.

    Please note: I belong to IT sector.

    Thanks in advance.

  • #2
    Originally posted by [email protected] View Post
    Hi,

    I am currently in US on my L2 EAD. I also have a expired H1B visa(2013) from my previous employer. I did not travel with my H1B to US for personal reasons.

    I am currently getting a job offer from a different employer.

    Can they file my new H1B under cap exempt category using my old petition? if so what are the steps. Please let me know at the earliest.

    Please note: I belong to IT sector.

    Thanks in advance.
    Yes, the new employer would have to get LCA approved for their position, salary, location and subsequently file I129 as cap exempt and Change of Status from L2 to H1. Approval of i129 will result in new I797, approval of COS will result in a new I-94 at the bottom of the new I797. Once you have both (I797 and new I94) then you must start working for and get paid by new employer on H1.The whole process can take 2-4 Months.

    This is my opinion not legal advice.

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