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H1B Cap Exempt with 6 years expiring soon

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  • H1B Cap Exempt with 6 years expiring soon

    Hi,

    I have a H1B Petition which was approved on Feb 23, 2012. I am in India and have not travelled on this petition and it is unused. Now I would be filing this petition under Cap Exempt and would probably get a receipt notice within this month. I am filing it in Regular Mode and i heard like USCIS would take 150 to 180 days from now to arrive at a decision but the 6 Year period would expire on Feb 23, 2018. The USCIS will process the petition at a date later then Feb 23, 2018 only. Will the USCIS process this petition since we have filed it before the 6 year expiration period or they would consider it to be Invalid under Cap Exempt. Please note my company is not willing to file in Premium Mode. Please advise.

  • #2
    Hi Team,

    Can Somebody clarify my question below?

    I have a H1B Petition which was approved on Feb 23, 2012. I am in India and have not travelled on this petition and it is unused. Now I would be filing this petition under Cap Exempt and would probably get a receipt notice within this month. I am filing it in Regular Mode and i heard like USCIS would take 150 to 180 days from now to arrive at a decision but the 6 Year period would expire on Feb 23, 2018. The USCIS will process the petition at a date later than Feb 23, 2018 only. Will the USCIS process this petition since we have filed it before the 6 year expiration period or they would consider it to be Invalid under Cap Exempt. Please note my company is not willing to file in Premium Mode. Please advise.

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