BPR Posted August 11, 2014 Report Share Posted August 11, 2014 Hi, 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. Thanks, BPR. Link to comment
koolravi Posted August 12, 2014 Report Share Posted August 12, 2014 I believe you will come under H1 B Cap exemption as you already had H1 B. Please talk to your Attorney for the confirmation. Thanks Ravi Link to comment
jairichi Posted August 12, 2014 Report Share Posted August 12, 2014 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. Link to comment
BPR Posted August 12, 2014 Author Report Share Posted August 12, 2014 Thank you Jairichi and Ravi for responding. Link to comment
coolboyz Posted August 13, 2014 Report Share Posted August 13, 2014 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 ? Link to comment
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