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RFE-NOID-NOID: B1 to H1B COS: 2008 approved petition under cap exempt
Background:
I am in USA on B1 visa and i have 2008 approved petition. One employer filed for H1B for me
using my old approved petition in 2013 July under cap exempt. Here we are trying to do
change of status from b1 to H1B.
My qualification: MCA (masters in computer applications).
Scenario:
1.RFE: Regarding LCA within 50 miles: Able to clear this RFE.
2. NOID: USCIS contacted client and HR said i already joined company and working. She got
confused with other person from our comapany who joined 1 month back.Able to clear this NOID
with client clarification mail to uscis.
3. NOID: Saying petition filed doesn't come under cap exempt category. Need help
Today i got NOID saying H1B petition filed doesn't come under cap exempt. But strange thing
is one of my colleague able to do B1 to H1B COS. His situation was same as mine (his also
2008 approved petiton) and only difference is he is bachelors in technology (btech).
Questions:
1.Is NOID because i am MCA ? 2008 petition was filed after i completed my MCA using my MCA
degree documents.
2. How to respond to this NOID. What are the things/consideration to take care to reply to
get petition to get it approved?
3. As per many previous questions my case come under cap exempt. But still why i got NOID
saying i am not covered under cap exempt?
Please help me experts.
I am in USA on B1 visa and i have 2008 approved petition. One employer filed for H1B for me
using my old approved petition in 2013 July under cap exempt. Here we are trying to do
change of status from b1 to H1B.
My qualification: MCA (masters in computer applications).
Scenario:
1.RFE: Regarding LCA within 50 miles: Able to clear this RFE.
2. NOID: USCIS contacted client and HR said i already joined company and working. She got
confused with other person from our comapany who joined 1 month back.Able to clear this NOID
with client clarification mail to uscis.
3. NOID: Saying petition filed doesn't come under cap exempt category. Need help
Today i got NOID saying H1B petition filed doesn't come under cap exempt. But strange thing
is one of my colleague able to do B1 to H1B COS. His situation was same as mine (his also
2008 approved petiton) and only difference is he is bachelors in technology (btech).
Questions:
1.Is NOID because i am MCA ? 2008 petition was filed after i completed my MCA using my MCA
degree documents.
2. How to respond to this NOID. What are the things/consideration to take care to reply to
get petition to get it approved?
3. As per many previous questions my case come under cap exempt. But still why i got NOID
saying i am not covered under cap exempt?
Please help me experts.
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