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Any change in H1B cap exempt?

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  • Any change in H1B cap exempt?

    I am in India. I have H1B (stamped) from Dec 2015 (expiry aug 2018) which were filed in Apr 2015. I didn't traveled to US.
    Now another employer (say B) tried to transfer H1B, but they got info that my VISA is deactivated; I don't know why, I want to know and check it let me know if there is any way.
    My new employer (B) said that they will file petition for H1B in Apr 2017 and that will be cap subjective? I was expecting that it will be cap exempt type.
    Is there any rule change in last year or I am not able to understand process?

    Please help me to clarify my understanding?
    Thanks in advance.

  • #2
    Originally posted by m3m View Post
    I am in India. I have H1B (stamped) from Dec 2015 (expiry aug 2018) which were filed in Apr 2015. I didn't traveled to US.
    Now another employer (say B) tried to transfer H1B, but they got info that my VISA is deactivated; I don't know why, I want to know and check it let me know if there is any way.
    My new employer (B) said that they will file petition for H1B in Apr 2017 and that will be cap subjective? I was expecting that it will be cap exempt type.
    Is there any rule change in last year or I am not able to understand process?

    Please help me to clarify my understanding?
    Thanks in advance.
    Did Employer B receive a RFE? If yes, then what exactly it states?
    This is just my opinion, not a legal advice.

    Comment


    • #3
      Originally posted by SKDS160 View Post
      Did Employer B receive a RFE? If yes, then what exactly it states?
      I have no idea about RFE status. Employee B have not mentioned anything like this to me. They said earlier US used to allow to transfer VISA but from last one or two year they have stopped that. They have also mentioned that 'it is not rare to reject this kind of transfer if VISA is not activated'.

      Comment


      • #4
        Originally posted by m3m View Post
        I have no idea about RFE status. Employee B have not mentioned anything like this to me. They said earlier US used to allow to transfer VISA but from last one or two year they have stopped that. They have also mentioned that 'it is not rare to reject this kind of transfer if VISA is not activated'.
        There is no certainty of H1 transfer approval if you never joined the original petitioner. I didn't hear of any definite rule regarding this case. In recent months, I have seen a few got approval and some got RFE asking to prove if beneficiary ever got a valid H1 status.
        This is just my opinion, not a legal advice.

        Comment

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