Tweet
H1b cap exempt when worked in US on H1B but Visa not stamped.
Currently I am in US on L1B visa (5 years on L1 completing in Nov 2016), my employer applied H1B this year and my name got picked up in lottery. So, after October 2016, I will get switched to H1 (probably I will get New I-94 and related documents, but for H1B visa stamping I would have to go out of US get visa stamped and re-enter) However, without visa stamped I can still work in US on H1.
I want to go to India for 1 year (to refresh my cycle and for personal reasons), but before I leave US I want to make sure I am cap exempt for next time when I want to enter.
By Oct/Nov 2016 I will be switched to H1B and would be working in US on H1B(but actual stamping will not be done).
So, when I come again after 1 year in Nov 2017 will I be cap exempt, just a new petition and visa stamping be sufficient OR Is it mandatory that I have a stamped H1B visa then only i will be cap exempt.
In short, will I be h1b cap exempt next time when I want to come to US, if I have worked in US for few months on H1B but without visa stamping is done.
I want to go to India for 1 year (to refresh my cycle and for personal reasons), but before I leave US I want to make sure I am cap exempt for next time when I want to enter.
By Oct/Nov 2016 I will be switched to H1B and would be working in US on H1B(but actual stamping will not be done).
So, when I come again after 1 year in Nov 2017 will I be cap exempt, just a new petition and visa stamping be sufficient OR Is it mandatory that I have a stamped H1B visa then only i will be cap exempt.
In short, will I be h1b cap exempt next time when I want to come to US, if I have worked in US for few months on H1B but without visa stamping is done.
Comment