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H1b cap exemption clarification

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  • H1b cap exemption clarification

    Company A file my H1B visa in April 2007 It had got stamped on July 2007. I had not travelled USA in this Visa due to some problem and risk.
    Company B in 2008 told they can change employer in their name. It is like new application but will not come under quota.
    They filed h1b employer change or something which i m not sure. It got approved and it got stamped in July 2008.

    Due to recession and all i could not utilize this visa and got expire on 30th May 2011.

    Now FY-2012 cap has been reached on 22nd Nov 2011.

    Can I be considered as cap exempt case ? Now if any employer file, will it come under quota or it can be treated as cap exempt case ?

    I can not wait for FY 2013 (Even after successfull h1b visa, i will be able to start work in Oct 2012 only)

    Kindly give your expert answer in this query and oblige me.

  • #2
    You are already CAP counted. Any employer can file a new H1B petition on your behalf using the CAP from the previously approved H1B petition and request an immediate start date. Just give the new employer a copy of your old H1B approval notice.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks Shervin. I also had same view on this. But one company who is interested to hire me not knowing this rule. They are telling that since i have not visited USA in this visa any time, so it can not be considered as cap exempt case. I searched on USCIS site about this policy, but i did not get it.
      I wanted to show some proof to that company. Do you have any idea, where i can get this policy written in reliable genuine site, which they can believe.

      Comment


      • #4
        It should be somewhere on uscis website. Ask the employer to consult a good immigration attorney. Or you consult one who can help you. You can also try and find a different employer who can process an H1B using the same cap.

        Originally posted by mkdewangan View Post
        Thanks Shervin. I also had same view on this. But one company who is interested to hire me not knowing this rule. They are telling that since i have not visited USA in this visa any time, so it can not be considered as cap exempt case. I searched on USCIS site about this policy, but i did not get it.
        I wanted to show some proof to that company. Do you have any idea, where i can get this policy written in reliable genuine site, which they can believe.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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