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Cap-exempt H1 visa Help

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  • Cap-exempt H1 visa Help

    Hello All,

    I had stamped H1b visa sponsored by XYZ Company which was issued in AUGUST 2011 and got expired in MAY 2012. I never travelled to US using any of US visa.In JUNE 2012 I resigned from XYZ and rejoined again same XYZ Company in NOVEMEBR 2012.

    I have two queries:
    1.Am I eligible for cap-exempt category or not as USCIS allows a maximum period of 6 years after visa approval to recapture unused time ?

    My employer XYZ is saying that I am not eligible for cap-exempt category. The reason they are stating that that previous H1B approval notice was withdrawn.

    2.If I joined to new company outside of USA, can I transfer my H1B to new employer?

    Thanks in Advance. Please help on this.
    -Mukesh

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