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H1B revoked after RFE, does it consider under cap exempt?

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  • H1B revoked after RFE, does it consider under cap exempt?

    Hi all,

    I have H1b applied in 2011 and it got approved from USCIC but when i went to stamping they gave RFE and asked for employer related documents and then it got revoked.

    I want to know that do i come under cap exempt?

    thanks

  • #2
    Originally posted by djkhatri View Post
    Hi all,

    I have H1b applied in 2011 and it got approved from USCIC but when i went to stamping they gave RFE and asked for employer related documents and then it got revoked.

    I want to know that do i come under cap exempt?

    thanks
    If you haven't been in H1 status in the last 6 yrs. using that old petition, you cannot claim cap exemption.
    Just an opinion; Not legal advice.

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