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H1B CapExcempt from different Employer from India

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  • H1B CapExcempt from different Employer from India

    Hi Everyone,
    **Thanks in Advance for your help**
    I have a H1B VISA through Employer A and while in USA I transfered my VISA to Employer B and they filed my GC and I have an approved I140(EB2) with Priority Date May 2015.
    I completed 5 Yrs on my current H1B and then moved to India. I joined an EmployerC in India and he is filing a VISA with CapExcempt for me with 1 yr remaining on my current H1B.

    1. If I come to USA with current H1B(1 yr only left out of 6 yrs), shall I leave USA if my employer dont file my new GC and I don't get new I140?
    2. I heard, though I change employer to C and in India I still can use my exsting I140 to get capExcempt for H1B extesion and stamping for any time between 1 yr to 3 yrs, is that correct?

    I need some confirmation as I need to take a decision on moving with family or droping the opportunity to move. Please suggest me.



    Current status of I 140
    Case Was Approved And My Decision Was Emailed
    We approved your Form I-140, Immigrant Petition for Alien Worker, Receipt Number SRCXXXXXXXXXX, and emailed you an approval notice. Please follow any instructions on the approval notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.​

  • #2
    Pretty sure you can get these questions answered at ImmigrationQuestion.com. Try it and let me know how it goes.

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