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H1B cap exempt extension with a gap

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  • H1B cap exempt extension with a gap

    Hi folks,
    My H1B petition and visa was valid from Dec-2011 to 30-Sep-2013. I traveled to USA twice on this visa for a total duration of around 5 months.

    I am still eligible under H1B exempt cap and is the base for this question.

    I am currently in my home country. I wanted to know if I leave my current employer, is it possible for any new employer to extend my H1B after a 'GAP'?

    Suppose, that I am currently working for employer 'A'(who was also my H1B sponsor), then if I join employer 'B', but 'B' does not get my petition transferred from 'A', would it be possible for employer 'C' if 'C' is willing to get my petition transferred and extended.
    So basically there is a period when I do not understand what would be the status of my petition(after leaving 'A' till before joining 'C').

    Please help.
    Thanks in advance.

  • #2
    It does not matter who you are working for in your home country. Any US employer can file a cap-exempt petition for you.
    This is my opinion and not legal advice.

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    • #3
      Even after a gap? That is my main concern...
      Please suggest

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