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H1B cap-exempt query

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Hello everyone!

I have been a huge fan of the Murthy Forum for a while. Got a lot of help and motivation while my H1b was stuck in administrative processing for about an year.

I have a query regarding my H1B tranasfer. I will explain my case to you and then look for an answer:

My current employer had applied for my H1B in FY 2011-12 quota. My petition had got approved without any issues, but when I went for stamping in India in August of 2011, the VO put my case on administrative processing. The administrative processing finally ended in June of 2012 and I got my visa stamped. It was only valid until 30th sept 2012.

Now my new employers wants to file my H1B under the cap-exempt category. Is that a possibility?

I have never been in the US on a H1 status before and my petition expired on 30th sept 2012.

Please advise..

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Yes. Be very blunt though polite when you go for the next H1 visa if the petition is approved.

Thanks a lot for the response :) my new employer is still checking with his attorney.

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