GENGARAJ Posted March 1, 2021 Report Share Posted March 1, 2021 (edited) Hi, Two years back, employer A filed H1b when I was in India. It got approved and i have received I797B form. Due to my personal problems, I couldn't go for H1b stamping. I travelled with my spouse in H4 visa after two years. Now i have expired h1b petition(I797B) and H4 visa. I am staying in US. Can another employer file H1b cap exempt using my expired petition?. If yes, how many months of processing is required and will it have more chances to get rejected. Edited March 1, 2021 by GENGARAJ Quote Link to comment
JoeF Posted March 1, 2021 Report Share Posted March 1, 2021 You are only cap-exempt if you have started working on thwH1 or at least have gotten an H1 visa. Quote Link to comment
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