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H-1B Cap exempt and Perm sponsor - 8 months left to max out

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  • H-1B Cap exempt and Perm sponsor - 8 months left to max out

    Asking for a friend.

    She's in India and her H-1B petition and visa is expired. She has 8 months left to be maxed out.
    She's a very good techie and is confident she can crack any technical interview.

    She works for one of the IT services company in India, where bureaucracy runs high and it's impossible to file a perm petition with the current employer.

    The question is, can she try finding a H-1B sponsor from offshore (Chennai) who will be interested in getting her onboarded once her visa is stamped, AND initiate i-140 immediately to ensure she will continue to work in USA?

    What is the feasibility, or is this suggestion too outlandish / impractical?

  • #2
    Since you are already in India & can find another sponsor, the key would be to file and get PERM approved first. Then they can apply for I-140 (Premium).
    You may then use your existing cap exempt H1 to get a 3 yr extension and return to the US
    Opinion only. Cannot be construed as legal advice.

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    • #3
      Thanks for the response!

      Comment

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