Am I H1 cap exempted?

anna1234

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Join Date: Jan 2011

Posts: 49
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#1

Am I H1 cap exempted?

01-04-2011, 05:55 PM

Hi

I am on L1 in US and I had an offer from a US company. I had an H1 petition (not stamped) from one consultant which was never used due to recession and expired on Sep 2010 (only one year validity I got sep 2009-2010). I would like to know if I can use the expired H1 petition copy as a proof for cap expemtion when the new company file for my L1 to H1 transfer?

Thanks
Anna

Last edited by anna1234; 01-04-2011, 05:58 PM.
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txh1b

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Join Date: Apr 2008

Posts: 11348
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#2

01-04-2011, 06:37 PM

Yes, you are cap counted already. You can use the previous H1b to move to another employer for any period left out of the 6 year combined H1+L1 time.

I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.
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