H1b cap exempt


vicky1del

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Posted

I had a h1b approved petition in 2018 went for h1b stamping got a 221g the visa was refused and a NOIR was raised by uscis since petitioner was not able to provide the requested document , my question is am I cap exempt can a new employer file for an h1b petition for me?

Posted

If you have not worked for the employer on the H1 or have not gotten an H1 visa for the employer then you are not counted for the quota.

A new employer can file an H1 for you in next year's quota.

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