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CAP Exemption eligibility

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  • CAP Exemption eligibility

    Hi Friends,

    I have I797B form approved in 2010 processed by my previous employer which was never stamped as visa , expired in 2012 and later revoked by the employer in 2013 as I resigned and I never traveled to USA.

    Now my current employer is ready to process H1B , Can my current employer process my new H1B petition under CAP exemption ?

  • #2
    Yes. H1B CAP is valid for 6 years. So you have time until 2016 to file a new CAP exempt petition.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Yes. H1B CAP is valid for 6 years. So you have time until 2016 to file a new CAP exempt petition.

      Thanks so much for the response Shervin , Can you please also let me know the below

      1) Can my employer process new H1B CAP exemption petition using premium processing ?

      2) Until 2016 means , any date exactly which we need to apply on or before ?? ( in My I797B form says RECEIPT DATE : 20th August,2010 , Valid from 12/07/2010 To 06/09/2012 )

      Comment


      • #4
        1) Can my employer process new H1B CAP exemption petition using premium processing ?
        >>> Yes.

        2) Until 2016 means , any date exactly which we need to apply on or before ?? ( in My I797B form says RECEIPT DATE : 20th August,2010 , Valid from 12/07/2010 To 06/09/2012 )
        >>> Before 12/07/2016.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          1) Can my employer process new H1B CAP exemption petition using premium processing ?
          >>> Yes.

          2) Until 2016 means , any date exactly which we need to apply on or before ?? ( in My I797B form says RECEIPT DATE : 20th August,2010 , Valid from 12/07/2010 To 06/09/2012 )
          >>> Before 12/07/2016.

          Thanks you so much foe the response Shervin,

          Please let me know how long the whole process takes to process visa under CAP exemption premium category ?

          Can my employer file the new CAP exemption petition at any time in the year ?

          Comment


          • #6
            Please let me know how long the whole process takes to process visa under CAP exemption premium category ?
            >>> 15 days.

            Can my employer file the new CAP exemption petition at any time in the year ?
            >>> Yes.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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