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  • Non-CAP H1 Application

    Hi,
    ​​​​​​My H1 extension was rejected in 2018 and I'm currently in India. However, I still have 2 years left to max out.
    My employer has its own rules and they are sending my name for Lottery this year and Not going for Non-CAP processing.
    My question is, if I don't get picked in the Lottery, can I still apply later under non-Cap as the old one is still not maxed out? (If yes. I'll have to find ways to persuade my employer to do so )

    Thanks for the help..!

  • #2
    Hi,
    Here is my response.
    My question is, if I don't get picked in the Lottery, can I still apply later under non-Cap as the old one is still not maxed out?
    Answer: Yes. But, Please make sure of below points and proceed ahead.
    Here is CAP exempt qualification:
    • You were in H-1B status in the US within the past 6 years.
    • You have not used your 6 years of H-1B status.
    Thanks

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