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H1b Not subject Cap / H1 Transfer Not Subjected to Cap

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  • H1b Not subject Cap / H1 Transfer Not Subjected to Cap

    My Previous employer was filed a 2017 H1b Cap visa with a petition from 2017 to 2020. It was picked in lottery and approved by USCIS for Sep 2017 to Sep 2018. After stamping was also successfully as per I797.Later employer filed new amendment petition for different client. USCIS has issued RFE and later the same petition was withdrawn by employer. Again employer filed H1b Cap exemption. USCIS has issued RFE and case was denied by USCIS.

    Now Can a new employer file H1B - Not Subject to Cap with my existing H1b Visa and if so, what my remaining validity for the same.

  • #2
    Hi,
    Did you even been in the USA on H1B? If so, how many months you worked on H1B?
    And, if you want to file another H1B, yes you can file under H1B CAP exemption.
    Thanks

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