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Karteekdavid

How to find out if a Beneficiary is CAP Exempted?

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Hello, 

Could you please provide information, is there a way for a petitioner(change of employer) or beneficiary to find if the beneficiary's petition would be CAP excepted for H1-B transfer. 

Thank you.

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Yes, I was once subjected to CAP and yes, I’m currently working on H1B 

If all subsequent petitions are still approved, but the initial CAP-Subject H1-B was revoked and revocation reason is unknown to beneficiary or new petitioner. 
Is it still possible to find if beneficiary is CAP Excepted or not?

Is it advisable to try to get revocation copy using FOIA?

 Most of the blogs say H1-B is an employer's petition and FOIA should be filed by employers,can beneficiary request for a copy of revocation?

Please advise.

 Thank you.

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When you left the old employer, that employer by law had to inform USCIS that you no longer work there. And that will result in the old H1 petition being revoked. It is nothing to worry about. It is just an administrative thing required by law.

 

Edited by JoeF

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I have a somehow similar situation. So the company I'm working for has been cap exempt for several years and just last month got acquired becoming a tax paying organization. I will soon need an H1b extension for another 3 years but am not sure if I can due to the new acquisition. It is established that the buying company is cap subject for profit, but how do I verify that my current company, wherein my duties, location are same, just the name and owners are different, will still be considered a related entity allowing status of cap exempt considering the 2017 rule changes.

Then what if I just have my lawyer go ahead and file for an extension, with amendment, successor of interest documents, have evidence that we are still doing the same work or affiliation to university, and just let USCIS decide for us. It's not fraud or making false statements. Hopefully if I get approved, then they must still consider our company as cap exempt then.

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You should be aware that each and every ex employer of a person in H1 status HAS TO REVOKE the petition by law once you leave their employment. Add up all times in H1 status and subtract from 6 years and that is your remainder. What happened to the initial H1 is IMMATERIAL.

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