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H1B Cap exempt

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  • H1B Cap exempt


    I had earlier H1B petition in 2008 and valid till 2011. I had I797B, I129 valid with me. However in 2008, due to recession, my US employer could not give me Project details and client letter. Hence, I got 221(g) from US Consulate during my VISA interview.

    After that I never went for H1B stamping with my 221(g) documents.

    Now my present employer in India wants to send me to US for H1B filing and they are treating my case as Cap Exempt Case. Now, I have all relevant documents like Project letter, client letter, Invitation, US compensation letter, export control compliance etc.

    Now, I want to know, whether my case really falls under Cap exempt case? If yes, then how much chance is there to get a VISA in H1B cap exempt case for this year 2012?

    IS my earlier 221(g) may create any issue? If I get Visa also then how long it will be valid?

    Please respond.


  • #2
    Yes, you will be cap-exempt.
    Consulting positions generally face extra scrutiny like you did the last time. But bigger Indian MNC's generally manage to get their petitions approved.
    For Visa application at the Embassy/Consulate, you will need to mention the previous denial in DS160 form. It will not affect your application as this is for a new employer the reason for previous was related to your previous employer and not you. However, there may be extra scrutiny and you may be asked in detail about the arrangement with your company's client, employee-employer relationship etc.
    This is my opinion and not legal advice.