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deharry

H1b Cap Exempt and Transfer

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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

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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.

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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 Petitions

This 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.

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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 Petitions

This 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.

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