H1 Cap Exempt enquiry

[Rohitwalia]

Hi,

I got a job offer to work in US last year and my H1B petition was filed and approved in the month of November 2011 by Employer “A”. The petition got approved till Oct 2014. But due to time delays by employer “A” and good work opportunity here in UK; I decided to stay put here in UK and I am still working in UK. I never went for US Visa stamping to work with employer “A” .

Now I am interviewed by a different US employer “B” and they want to go ahead with Job offer and want to file for a H1 petition for myself.

My query is: Will my new employer (“B”) be able to file for cap exempted H1B petition as I already have an original approved H1 petition from last year.

I did some search on forms and I can see this is possible, but I don't see any clear wordings on USCIS website. Also, do you know someone who got this h1 transferred like my condition?

Thanks,
Rohit

[happybuddha]

My query is: Will my new employer (“B”) be able to file for cap exempted H1B petition as I already have an original approved H1 petition from last year.

Yes

[Rohitwalia]

Please confirm

I just now called USCIS Vermont Office and as the per the customer service's lady - My new employer "B" will not be able to file H1B petition with cap-exemption as I have not started my H1 Status with employer "A".

Do you know anyone who has gone through same process or any legal document which states the same?


Thanks,
Rohit

[speedracer]

I just now called USCIS Vermont Office and as the per the customer service's lady - My new employer "B" will not be able to file H1B petition with cap-exemption as I have not started my H1 Status with employer "A".

Do you know anyone who has gone through same process or any legal document which states the same?


Thanks,
Rohit

I dont know why they said that because I had an old H1B with employer A and now I am in the process of getting it transfered to B even though I didnt use the old visa at all. My petition was approved so I guess there was no problem there. Get an attorneys help.

[happybuddha]

I just now called USCIS Vermont Office and as the per the customer service's lady - My new employer "B" will not be able to file H1B petition with cap-exemption as I have not started my H1 Status with employer "A".

Do you know anyone who has gone through same process or any legal document which states the same?


Thanks,
Rohit

That is something I have never heard of. Did you try and read through the USCIS website about these things ? Were you able to ask her if she can put in a mail whatever she said ?
Also, I am wondering why you are taking deep interest in whether the employer will be able to file a cap exempt petition or no. The employer will have an attorney who understands these things legally, right ?

[Rohitwalia]

That is something I have never heard of. Did you try and read through the USCIS website about these things ? Were you able to ask her if she can put in a mail whatever she said ?
Also, I am wondering why you are taking deep interest in whether the employer will be able to file a cap exempt petition or no. The employer will have an attorney who understands these things legally, right ?

The reason behind I am asking this question is my new employer's HR team is not sure about rules and they dont want to spend £3k with legal team. I am about to loose a wonderfull opportunity with a big global bank, I have emailed USCIS customer connect team where I may get my desired help. I am happy to splash cash by myself If I get to know which Attorney to contact. Please give your thoughts here

Also I have been through all USCIS websites and its not 100% clear what are the rules regarding H1 B petition cap exempt when I never have been to US with first employer.

[Rohitwalia]

I dont know why they said that because I had an old H1B with employer A and now I am in the process of getting it transfered to B even though I didnt use the old visa at all. My petition was approved so I guess there was no problem there. Get an attorneys help.

Thanks for your reply...

Just to confirm my situation I am outside US and petition was approved last year and am trying to get new petition with cap excemption this year. Are/Were you outside US when you applied for new H1 petition with Cap exempt with new employer ?