ssos Posted January 21, 2013 Report Posted January 21, 2013 Hi, I am currently living in India and I've NEVER worked/living in US. Here is my case summary : Employer A filed an H1B petition for me in 2012 which got approved recently. I also interviewed with another Employer B who is willing to get H1B for me in 2013. 1) If I do not get an H1B stamped and then work based on approved petition by Employer A, then what happens to it? Will it automatically get cancelled after some time? Can i get H1B stamped (and then travel) based on it after a few months (say 6-8 months) if I do not have any other option? 2) Can Employer B file a H1B cap-exempt petition for me in 2013 based on the fact that I have a cap-subject approved petition in 2012? Note that I have never held employment based on cap-subject petition. Would be great if someone can answer these questions. Thanks a lot in advance, Vikas
pontevecchio Posted January 22, 2013 Report Posted January 22, 2013 1. You can only get the H1 visa if the job with the sponsor exists and they will want to see evidence. 2. YES.
0407 Posted January 25, 2013 Report Posted January 25, 2013 vikas, Yes once you have an approved H1B, you are cap exempt for next 6 years. I know people who have done this. --- H1B approved in 2007, cap exempt petition in 2010,
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