Mixed Insurance Banners Health Insurance for Visitors to USA


No announcement yet.

Question on Cap-Exempt H1B

  • Filter
  • Time
  • Show
Clear All
new posts

  • Question on Cap-Exempt H1B

    A question on H1B cap-exempt petition. My case and question:

    - In 2007 my H1B petition was approved and was valid till 2010 - I never used this H1B though I had the stamping in my passport.
    - In April 2010, I got L1B approved and I'm in US since then on L1 visa

    I read the below and fear if my new employer can't file a H1B cap-exempt petition:
    "Once the foreign national has been counted against the H-1B quotas, he is no longer subject to the quota with a new H-1B employer (unless he has left the U.S. for one year)."

    "Unless he has left the US for one year" -- As I was outside the US throughout my old H1B tenure, is it a problem ? Or still my new employer can file a cap-exempt H1B petition.

    Please advise.

  • #2
    A new employer can still file a new H1B petition using the CAP from the old petition as long as the previous petition was not filed more than 6 year ago and you haven't completed 6 years in U.S in H1B + L1 combined.
    Not a legal advice. Use of this information is strictly at your own risk.