H1b cap or non cap?


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Hi Guys,

Happy thanks giving. Trust everyone is doing good.

I have one questions which is really bothering me. Appreciate if you can shed some light on the same.

I have a H1b petition approved from company A .The petition validity is from October 2010 to September 2013. I went for stamping in 2010 November and after 221g ,my stamping was denied stating petitioner's name.

Now,my present organization wants to file for H1b under premium processing. As you guys are aware, since the cap count has reached the threshold, I can't file under the cap.

My organization told that they can file under Non cap quota.

I am not sure if this holds good for me.

One more hitch here is ,today when I checked my old petition case status in USCIS website, I noticed this:

Post Decision Activity

We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on November 3, 2011, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you.

I am not sure whether this is something which stops me from using non cap quota options. I am really worried.

Best regards,


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@ Sudheen,

I am in similar situation, I was denied stamping in Sept 2011. My employer says that a new H1B can be filed under non-cap, I am bit worried if that is possible.

Dear murthy attorneys,

Please throw some light on this.................




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