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H1B-H4-H1B visa issues

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I did my Masters in US and then got a job and H1B visa in 2010 (got it approved for 3 years --- validity Oct 2010 to Oct 2013) . In early 2011, I went to India for a vacation and got a 221g and my case was pending until May 2013. Finally, I got a call from Hyd US consulate to send a proof that I am employed in US.I was given an employment letter by my employer and I sent it to the consulate. Few days later I got an email from the consulate that my H1B visa is refused.


Later I got married and came to US on H4 visa in 2014. Now I want to convert to H1B visa from H4 visa. Will I come under this year H1B visa cap as I already got by H1B approved in 2010? Should I apply a fresh H1B visa? Can I use the unused period of my H1B visa?


Please reply.




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I believe you will come under H1 B Cap exemption as you already had H1 B. 


Please talk to your Attorney for the confirmation.




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You are cap exempt and an employer can file a cap exempt H1B petition and on approval you can work. You are eligible for 6 years - time spent in US on H1B earlier.

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Hi Newbie,


What were the reasons that consulate mentioned when your H1B visa was refused?


My wife's H1b visa also got refused. I think H1B cap exempt will depend on reasons that the cosulate mentioned in refusal worksheet.


Did the consulate mentioned anything about suggesting USCIS to revoke your H1B visa ?

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