Timelines for CAP exempt

[amritraj]

Hi All,

Company A filed a H1 petition for me in 2008 ( Receipt date : May 1, 2008 and notice date June 6 2008 ). However, I never went for stamping due to recession, etc.

Company B has filed for a CAP exempt petition in April 2014. However, it's still in "Initial Review". Receipt date is 1st May 2014.

I want to know - by when latest - my petition if approved, I will have to enter USA. Is it before Oct 1, 2014 or I have more time.

When you think I should request my employer to go for Premium Processing ?

Thanks!

[raghvi]

Hi All,

Company A filed a H1 petition for me in 2008 ( Receipt date : May 1, 2008 and notice date June 6 2008 ). However, I never went for stamping due to recession, etc.

Company B has filed for a CAP exempt petition in April 2014. However, it's still in "Initial Review". Receipt date is 1st May 2014.

I want to know - by when latest - my petition if approved, I will have to enter USA. Is it before Oct 1, 2014 or I have more time.

When you think I should request my employer to go for Premium Processing ?

Thanks!

I believe the petition has to be approved by Oct 2014. You should go for premium processing now.

This is my opinion not legal advice.

[amritraj]

Thanks for the reply !!!

So, if the petition is approved by Oct 2014, still that would be ok with me travelling after that ? Or, I should be within USA before October 2014 ?

[raghvi]

If it is approved prior to Oct 2014, and if your employer has given enough evidence for a 3 Year approval then the petition would be approved till 2017 and then you can travel till 2017 with the latest employment letter. Provided its same location/client. If not then an amendment would have to be filed.

This is my opinion not legal advice.