PR9 Posted September 28, 2023 Report Share Posted September 28, 2023 Backstory: I am in India and I have an expired H1B (I797 , dated 2016-2019) , which i never used as i never travelled to USA. I got this via lottery in 2016 through company A. Now i am no longer with company A. Current situation: I am working for company B and they want to file a H1B for me in 2023. Question: - Will i be cap exempt since i never used my old and expired H1b. - can company B file under cap exempt , and any chances of denial or any potential questions from USCIS -What do you suggest in this case , going for cap exempt or starting on a new slate with a brand new visa application via company B -Any similar cases from the past ? and what was the solution ? Your inputs are greatly appreciated. Quote Link to comment
Zodiac System Posted October 3, 2023 Report Share Posted October 3, 2023 (edited) If company B wants to file an H1b for you in 2023, chances are that their immigration attorney has already reviewed your case. Please go ahead with this transfer/filing. Good Luck. Edited October 3, 2023 by Zodiac System Quote Link to comment
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