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Applying for Cap exempt petition - Please help

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  • Applying for Cap exempt petition - Please help

    Hi All,

    I have applied for H1 visa in April 2007 with X and I got visa in second week of April 2008 after one administrative (221g) query.

    I have applied for H1 again on 1st April 2008 with Y (dont know about cap exempt petition) before I got the previous visa as I was not having hopes on the previous case. 2008 petition is also approved, however i didnt take visa interview again as i understand that now i can travel with Y petition and visa stamp i have.

    I am working for Z company from last 4 years in india and i have a long term oppurtunity with Z and wants to use H1. And i have travelled on B1 with Z thrice and never used H1 till now.

    Seniors, Please give me the answers for my below questions:

    1. I have X H1 petition with me (and can try to get the Y H1 petition also), which H1 petition to use now for cap exemption, either X's or Y's? How does it matter (my present employer Z is asking me to get new H1 petition of Y to use for cap exemption)

    2. So do i need any other documents from Company X or Y to apply for cap exempt petition from Z? can X or Y know if i apply for cap exempt with Z? can they create any problem

    3. Given the complexity, are there any chances to get any RFE when we apply for cap exempt petition. If yes, what kind of RFEs generally we get for cap exempt cases...and will it be any effect on my original petitions i have... at the worst, can USCIS cancel my 2 H1petitions...

    3. And do i need to take stamping again if my cap exempt petition is successful

    4. Now that the client is asking to join ASAP and i can only enter US with new cap exemption petition after 15 days( if premium processing), Z is planning me to send on B1 next week and then use cap exemption...if no stamping is required , can i switch to H1 after entering US on B1 next week.. is this legal and how to handle this situation.

    Waiting to hear for valuable feedback...

    Much Thanks.
    Sandy

  • #2
    Please reply

    I understood from other forums that i should not travel on B1 in this scenario and swtich to H1. By the way, seniors please reply to below queries :

    1. I have X H1 petition with me (and can try to get the Y H1 petition also), which H1 petition to use now for cap exemption, either X's or Y's? How does it matter (my present employer Z is asking me to get new H1 petition of Y to use for cap exemption)

    2. So do i need any other documents from Company X or Y to apply for cap exempt petition from Z? can X or Y know if i apply for cap exempt with Z? can they create any problem

    3. Given the complexity, are there any chances to get any RFE when we apply for cap exempt petition. If yes, what kind of RFEs generally we get for cap exempt cases...and will it be any effect on my original petitions i have... at the worst, can USCIS cancel my 2 H1petitions...

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