SatheeshUscis Posted February 16, 2018 Report Share Posted February 16, 2018 My h1b is denied, reason is web developer role is not a specialty Occupation....Am I eligible for cap exemption?..if yes when I can apply, is there any cooling period.. Link to comment
NotAnAttorney Posted February 16, 2018 Report Share Posted February 16, 2018 Not enough details. Is this initial H1B? Which year are you in of your 6 years cap? Link to comment
Surfer123 Posted February 16, 2018 Report Share Posted February 16, 2018 In your other post you mentioned that your extension got a NOID status last week. So are u expecting that it will eventually be denied or is it denied already? Anyway, since it's the extension petition that is either denied or you are expecting to be denied, you are cap-exempt and any employer can file a cap-exempt petition for you. Depending on your I-94 expiration on your current H1B, your next H1B approval could be a consular processing one. Link to comment
JoeF Posted February 16, 2018 Report Share Posted February 16, 2018 If the H1 is denied you are not counted in the quota. You are not cap exempt. Link to comment
JoeF Posted February 16, 2018 Report Share Posted February 16, 2018 That assumes that this was a new H1. If it was an extension, a new petition can be filed at any time, but obviously with a different role. Link to comment
SatheeshUscis Posted February 17, 2018 Author Report Share Posted February 17, 2018 12 hours ago, NotAnAttorney said: Not enough details. Is this initial H1B? Which year are you in of your 6 years cap? Yes, this is my initial H1b, I just completed 2 years Link to comment
SatheeshUscis Posted February 17, 2018 Author Report Share Posted February 17, 2018 12 hours ago, Surfer123 said: In your other post you mentioned that your extension got a NOID status last week. So are u expecting that it will eventually be denied or is it denied already? Anyway, since it's the extension petition that is either denied or you are expecting to be denied, you are cap-exempt and any employer can file a cap-exempt petition for you. Depending on your I-94 expiration on your current H1B, your next H1B approval could be a consular processing one. This is my extension petition and my I 94 is about to end in March 5...Am I eligible for cap exemption after March 5 Link to comment
SatheeshUscis Posted February 17, 2018 Author Report Share Posted February 17, 2018 10 hours ago, JoeF said: If the H1 is denied you are not counted in the quota. You are not cap exempt. My h1b extension was denied...and I just completed 2 years...and i94 is also about to end...Am I eligible for cap exemption after 2 months? Link to comment
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