Am I eligible for cap exempt H1B petition?


hasithapg

Recommended Posts

1. I came to USA as a student and completed my Masters.

2. I was working for a US employer under OPT.

3. This employer filed a H1B petition and got it approved in 2011.

4. I had to leave US in Dec 2011 for some personal reasons to my home country.

5. When I went to stamp H1B visa at the local US consulate, informed me that they need to further investigate my employer and was given the form 221g. They called this as Administrative Processing of my case. (The employer is a startup and has only 2 employees including me)

6. I am married and has a 2 year old (US citizen). My wife is a doctaral student in a US university. She went back to US and me and my son had to stay in my home country until my visa issue is solved.

7. I was expecting a favorable reply for 6 months but it was seemed that it was taking further delays.

8. So I resigned from the employer and the employer sent my resignation letter to USCIS.

9. Then I applied for F2 visa and got it approved. I came to USA again in June 2012.

10. I am again looking for a H1B job but the cap is already reached for 2013.

11. Am I eligible for H1B cap exempt petition since I already had a one approved in 2011?

Link to comment

Archived

This topic is now archived and is closed to further replies.