msrk05 Posted January 9, 2012 Report Share Posted January 9, 2012 Hi, in 2008 my H1b got approved and I got my stamping done in late June 2010(3 months before my h1b expires), however I did not go to USA as employer told that the job client offered is not avialble as to get Visa stamping they took ~3 weeks. Now a new company/employer is willing to offer me a job my question is does my situation needs a new/fresh H1B as part of CAP for 2012? and wait till April/May 2012? or, as I already have my H1b Visa stamped(not used though) can I file for H1B ext in premium processing and get the H1B approval then go to Visa Stamping again? Appreciate your help..in this regards Link to comment
msrk05 Posted January 10, 2012 Author Report Share Posted January 10, 2012 hi Guru's Appreciate your replpy/help..in this regards Link to comment
msrk05 Posted January 12, 2012 Author Report Share Posted January 12, 2012 Appreciate your reply/suggestion..in this regards thanks Link to comment
Chitown01 Posted January 12, 2012 Report Share Posted January 12, 2012 You will be CAP exempt, since you petition was approved in 2008 you were counted towards the CAP H1 extension applies only to ppl in the US, if you are in india your NEW H1 petition would get approved thru Consular Processing (if everything is in order) Link to comment
msrk05 Posted January 12, 2012 Author Report Share Posted January 12, 2012 Thanks for your response "Chitown01". do I need to wait until April2012 to file for New H1 ? could you please let me know what is Consular Processing for H1b. Link to comment
Chitown01 Posted January 12, 2012 Report Share Posted January 12, 2012 Assuming that you are in india... A New employer will file H1 B Petition for you and since you were already counted towards the CAP your petition would be CAP EXEMPT, so your new employer can file your H1 petition anytime now... they dont have to wait till April 2012. Now once USCIS receives your peitition they will process it and approve it, since you are in india, they will Notify the Consulate that they have approved your petition and you will have to go again to the consulate for H1-B stamping will all the paperwork like offer letter, I-129, LCA etc... The above all is assuming that your employer is legit and not consulting...because that can complicate things.... Let me know if you have additional questions. Link to comment
msrk05 Posted January 13, 2012 Author Report Share Posted January 13, 2012 Thank you so much for your reply "Chitown01". Link to comment
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