H1B CAB Exempt Option

[GSuk]

Yes, I am surprised too. Hopefully we can hear more cases like this to reinforce this new concept of cap exempt H1B petition and not that it is an approval that happened in error.

 

 

Actually, your case looks like approved in error.

Human error happens, but they will eventually find out and then they could revoke the H1 retroactively.

 

No, this is not at all in error. Please see page-4 and page-5 of this USCIS' own interoffice memorandum on this:

http://rbhs.rutgers.edu/internationalservices/immigration_updates/documents/uscis_memo_on_h-1b_eligibility.pdf

 

An alien can reclaim the remainder of the six years on his/her H1B even if the approval came > six years ago, and if the alien was not in US on H1B for >= 6 years.

[upicky]

Hello,

I am in a similar situation. My initial H1b expired on Aug.2016. I applied for H!b transfer in dec 2015. USCIS raised an RFE inidcating my initial H1 b was approved in error. I am expecting a Denial soon. What would be my options?

Can i go to India->my employer applier applies for New H1b and get H1 stamped? In this case, am i eligible for Cap exempt to apply new h1 B?

Can i go to India, get H4 Stamped?

else can i apply for COS to h4 after receiving denial without leaving US?

Please help...