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H1B Cap Exemption Doubt

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  • H1B Cap Exemption Doubt

    Hi

    I have a Doubt regarding the H1B Cap...this is my case...

    I got H1B Processed from my Ex-Employer in April 2008 and got it stamped in Aug 2008.

    Then Went to US using the H1B in Jan 2009 and returned to India on June 2009.

    I have resigned from tht company and now my Current Employer is processing H1B for me.....

    Will I be Exempted from the H1B CAP of 65K or will I be counted against the CAP.

    Thanks in advance...

    Regards
    Ganesh

  • #2
    You are already CAP counted. You can be exempted from CAP by providing a copy of your approval document from your old employer (Or at least the receipt number of the approval notice).
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks

      Thanks a lot for the Info......

      Comment


      • #4
        Regarding the H1B Visa Stamping

        Hi

        I have another doubt regarding my H1B.

        AS Stated earlier in the below thread I had a H1B with my Previous Employer and the Visa Validity given in the stamping is till Jul 2011 with my previous Employers Name mentioned in it.

        Also My current Employer has filed for a H1B now....

        My question is if I get the Petition Approved with the Current Employer...can I travel using the old visa Stamping or Should I get a New Stamping from the Consulate with the New Employer's name.......

        Thanks
        Ganesh

        Comment


        • #5
          You can use your existing visa (as long as it is valid) with the approval notice of the new employer to re-enter U.S. No need for new stamping. You would have known this if you would have read the FAQ in immihelp.


          Originally posted by thavaganesh View Post
          Hi

          I have another doubt regarding my H1B.

          AS Stated earlier in the below thread I had a H1B with my Previous Employer and the Visa Validity given in the stamping is till Jul 2011 with my previous Employers Name mentioned in it.

          Also My current Employer has filed for a H1B now....

          My question is if I get the Petition Approved with the Current Employer...can I travel using the old visa Stamping or Should I get a New Stamping from the Consulate with the New Employer's name.......

          Thanks
          Ganesh
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment

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