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Query regarding H1B NO CAP

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  • Query regarding H1B NO CAP

    Hi, I have a query regarding H1B NO CAP.

    My Initial H1B petition was picked in 2012 and I travelled through employer1 from India on that visa in Jun 2014 and returned to India through same employer1 in Jun 2015. And this visa got expired in Sep 2015.

    Later, in India my new employer2 did transfer cum extension of H1B under NO CAP EXEMPTION in 2019 and this got approved and stamped till NOV 2021. But never travelled on this.

    Now, I moved to another new employer3 in India, is it possible to apply for transfer cum extension under NO CAP EXEMPTION?

    Because of below 2 pointers, I still unclear if I am eligible to apply for 'H1B NO CAP EXEMPTION - TRANSFER CUM EXTENSION' or not
    • I have 5 unused years on expired visa.
    • But I am staying outside US since Jun 2015.

    If anyone has the same scenario, can you please share the details on how to proceed on this.

  • #2
    Hi Member,
    Yes. You can file H1B Transfer petition while you are in the abroad and it will be considered as H1B CAP exemption. Please note, Once you get H1B transfer approval, with that you will need to go for visa stamping in order to travel to the USA.
    All the best.
    Thanks

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