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Am I H1-B Cap Exempt??

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  • Am I H1-B Cap Exempt??

    My brand new H1-B started in December 2011. I moved to the USA last december. Unfortunately, I had a family emergency and had to return to India.
    Subsequently, my employer terminated my employment.

    Now the same employer is willing to hire me again. If so, do I have to wait till April of next year and file for a brand new H1-B??
    or Am I cap exempt and can apply for a I-797 right away??

    Also I have a H1-B visa stamp on my passport that is valid till OCT 2014. If my employer files for a new H1-B work permit(I-797),
    do I have to apply for a new H1-B visa stamp again ??

    I would really appreciate a quick response from you.

    Best Regards,

  • #2
    If your employer has withdrawn their previous petition, they will have to file another petition. It will be cap-exempt. You can use the same existing Visa and new petition to travel. If that petition has not been withdrawn, you can use the same petition. Any other employer can also file cap-exempt petition for you.
    This is my opinion and not legal advice.