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Can we apply H1 Not subject to cap when the employer A petition is in process ?

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  • Can we apply H1 Not subject to cap when the employer A petition is in process ?

    Hello Experts,

    I have received H1 in 2013 cap and stamped till 2016 Sep with employer A. The Employer A has applied for an extension and received an RFE. The employer has responded to that RFE and the case is under Response To USCIS' Request For Evidence Was Received. Currently am in india with employer B.

    With this current status from USCIS (Response To USCIS' Request For Evidence Was Received) can i apply a new H1 not subject to Cap petition with employer B?

    Please suggest.

    Thanks,

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