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Urgent: question about H1 cap exempt, currently on L1

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  • Urgent: question about H1 cap exempt, currently on L1

    Hello Friends,

    I am currently on L1B from feb 2008.

    In Aug 2008 i got a h1b approval notice from another company x. I was suppose to join that company on 1 oct 2008 and I did not join that company.

    I re-entered the US using my L1 visa.

    a new company Y is approaching for a h1b visa now.

    I wanted to know, can they use my previous h1b for cap exempt, even though I never used it?

    all I have is a soft copy of H1B approval notice.

    Can company Y apply for a cap exempt or should they go for a fresh H1B?

    Thanks in advance.

    Naveen

  • #2
    If that approval notice is still valid, then the new company can file a transfer using the same CAP.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      thanks so much Shervin,

      how do I check if the approval notice is still valid?

      Do I need the physical copy of approval notice?

      thanks

      Naveen

      Comment


      • #4
        H1 B was approved for Oct 2008. if that helps answering my question.

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        • #5
          I just saw the approval notice. it is valid until oct 2011.

          Do I need the hard/physical copy of the approval notice?

          Comment


          • #6
            Not required. All that you need is the receipt number to prove that you are already CAP counted. However, since you have a soft copy of the approval notice, take a printout and give it to your new employer. That will help.

            Originally posted by havannavar View Post
            I just saw the approval notice. it is valid until oct 2011.

            Do I need the hard/physical copy of the approval notice?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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