Need Help from Experts in H1B Petition Filing


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Hi All,

Thanks in advance for your valuable suggestion.

I worked for company "A" for 3 years and when I went to Visa extension my case was put to 221g by Consulate in my home country and petition was returned back to USCIS. Now its been 2 years my case pending with USCIS and no update since then.

Now, Company "B" wants to file H1B petition for me but just 1 year and 3 months left in completion of 6 years term of H1B which started since company "A" applied.

(1) Should Company "B" file it as "H1B Cap Exempt" and get validity for remaining 1 year and 3 months?

(2) Can company "B" file it in "Subject to Cap" this year, as am in home country from past 1 year and 6 months?

(3) Will I be able to hide my H1 details which was filed by Company "A" to Company "B"? Incase if I do, will this lead to any issues with USCIS at the time of processing?

Please guide me on how can I handle this situation

Thanks & regards

H1B_Lucky

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