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Hi, Here is the case- Kindly advise.
Prakash has received H1B cap visa in 2011 travelled to US in 2012 for Employer1.
2019 Returned to India with visa valid till 2021 Oct, i140 approved.
2020 He cannot able to travel back on covid restrictions , and visa expired 2021 Oct
Prakash changed company from India Employer1 to Employer2.
Employer2 vefified previous visa docs and said H1B non cap eligible.
Later to his surprise, Empoyer2 included Prakash for H1B 2023 cap lottery and he is Selected .
What Prakash should do now? Should he file a non cap petition through his new employer or is it fine to go ahead with 2023 cap petition?
He have an approved 1-140 with previous employer and a priority date set, should a new cap H1B gonna impact his priority date?
Prakash has received H1B cap visa in 2011 travelled to US in 2012 for Employer1.
2019 Returned to India with visa valid till 2021 Oct, i140 approved.
2020 He cannot able to travel back on covid restrictions , and visa expired 2021 Oct
Prakash changed company from India Employer1 to Employer2.
Employer2 vefified previous visa docs and said H1B non cap eligible.
Later to his surprise, Empoyer2 included Prakash for H1B 2023 cap lottery and he is Selected .
What Prakash should do now? Should he file a non cap petition through his new employer or is it fine to go ahead with 2023 cap petition?
He have an approved 1-140 with previous employer and a priority date set, should a new cap H1B gonna impact his priority date?
