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H1B need help "H1B Cap Exempt'

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  • H1B need help "H1B Cap Exempt'

    My H1B petition was approved last year and is valid till 30th nov 2017.
    I was selected for client A and petition was also approved for same.

    But things didnt work out and i have another opportunity with client B immediately.
    But my company visa team is saying as the time reaming will be really a short notice to file the Amendment and extension.

    They want to file an "H1B Cap Exempt", but that would take min 4-5 months, Which i fear my new client wont wait.

    Is the explanation by current company valid and are there any alternatives for this?

    My argument to them can i go for stamping with my old client and then LCA which should take around 4- 6 weeks.

    Please help.

  • #2
    Originally posted by satyam96 View Post
    My H1B petition was approved last year and is valid till 30th nov 2017.
    I was selected for client A and petition was also approved for same.

    But things didnt work out and i have another opportunity with client B immediately.
    But my company visa team is saying as the time reaming will be really a short notice to file the Amendment and extension.

    They want to file an "H1B Cap Exempt", but that would take min 4-5 months, Which i fear my new client wont wait.

    Is the explanation by current company valid and are there any alternatives for this?

    My argument to them can i go for stamping with my old client and then LCA which should take around 4- 6 weeks.

    Please help.
    Technically you and your employer both are wrong.

    Yes, your employer would need to file new LCA and do amendment too for the new client and location. This would certainly take 3-4 months as premium processing is still on hold.

    Also, if you are not going to work for old client, why do you want to attend interview with their paperwork and risky attending interview.

    This is my opinion not legal advice.

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