deharry Posted October 13, 2015 Report Share Posted October 13, 2015 Hi, I got my H1b Petition approved but could not join the company because of my personal reasons. On Oct 1, I went out of the country and re-entered to maintain my current status (L1) . I have the receipt number for h1b filing and here is my query. 1. Can I be considered under Cap Exempt Category? 2. If Yes, then do I need I-129S and I-797 from abandoned H1b approval for any other employer to file for H1b petition under cap exempt? 3. Can FOIA act help get these documents ? Thanks, deharry Link to comment
jairichi Posted October 13, 2015 Report Share Posted October 13, 2015 1. With the new interpretation of H1B activation by USCIS (from 2014) you will not be cap exempt. Check with an attorney. 2. You need at least the receipt notice or approval notice. 3. Yes. Link to comment
deharry Posted October 14, 2015 Author Report Share Posted October 14, 2015 I am not sure if Understand Point # 1. Can you please clarify a bit on new interpretation? This is what I got from USCIS website. "UPDATE: USCIS has reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. We have received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally mandated FY 2016 H-1B cap. Cap Eligible PetitionsThis is the number of petitions that USCIS has accepted for this particular type of cap. It includes cases that have been approved or are still pending. It does not include petitions that have been denied. Link to comment
jairichi Posted October 14, 2015 Report Share Posted October 14, 2015 I am not sure if Understand Point # 1. Can you please clarify a bit on new interpretation? This is what I got from USCIS website. "UPDATE: USCIS has reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. We have received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally mandated FY 2016 H-1B cap.Cap Eligible PetitionsThis is the number of petitions that USCIS has accepted for this particular type of cap. It includes cases that have been approved or are still pending. It does not include petitions that have been denied. If your H1B is not activated by joining H1B employer then you are not considered cap exempt. Link to comment
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