Currently in India, Looking for H1B cap exempt filing


YCA

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Hi All,

 

My spouse H1 visa extension got denied last January and he still has 2 years of tenure. he is planning to go for cap exempt through his company. But with the latest suspension of certain visa's.we are not sure if we can file it. Does this cap exempt comes under this category?

can he go ahead and file h1 cap exempt. Please suggest

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  • 3 weeks later...
On 6/23/2020 at 10:34 PM, YCA said:

Hi All,

 

My spouse H1 visa extension got denied last January and he still has 2 years of tenure. he is planning to go for cap exempt through his company. But with the latest suspension of certain visa's.we are not sure if we can file it. Does this cap exempt comes under this category?

can he go ahead and file h1 cap exempt. Please suggest

Filing an petition in the U.S. is not suspended and your spouse employer can go ahead and file the cap-exempt petition. But even if the petition is approved he needs to wait until the visa is being processed at the consulate and the proclamation banning entry of H and L visa holders is withdrawn or expires.

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