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  • H1b cap exempt

    Hi,
    My H1B petition was approved in October 2014. I got my visa stamped in April 2015 and travelled to US during June 2015 only for one month. My visa got expired in December 2015. Now can my new employer file a new petition under CAP EXEMPT? If yes, for how long I will be eligible to stay in US under the new petition?
    Thanks in advance!
    Last edited by deba; 04-10-2017, 04:07 PM.

  • #2
    Yes, you will be cap exempt, provided your first H1B was filed under cap. Regarding your total eligible stay, technically it is 6yrs. - 1 month (you stayed in the US). However, the actual time granted is at the discretion of USCIS and consulate, and depends on the time petitioned for, etc.
    Just an opinion; Not legal advice.

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    • #3
      Do i need to file H1 extension

      My Visa Application is pending under Administrative Processing (221-g) since November 2016 after my visa interview at US consulate.

      Just out of curiosity if I may ask, the Petition Approval Notice has the validity end date as May, 2017. In case the aforementioned Processing goes beyond the validity period as mentioned, how will it impact the current Petition Approval Notice? Will I need to file for extension in that case? Your kind response will be highly appreciated as it will help me plan for the way forward.

      Thanking you

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