Not Subject to CAP


kewlh1guy

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I am currently working for a Company A which had filed my H1 B in 2010 and got it approved an stamped. The petition and the Visa expired on Dec 31, 2011. However, i never travelled on this visa. I have the following questions

  1. If any employer is interested in filing my H1 B then can they file a 'Not subject to CAP' petition as i had a valid H1 within the last 6 years?
  2. Can any employer file my CAP exempt petition or it should be done by only Company A as i got the H1 B approved through them initially?
  3. Am i eligible to file for a fresh H1 B subject to CAP this upcoming cycle if Company B is interested in doing the same? If yes then what will happen to my previous H1 filed thru Company A?

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Thanks for your comments/feedback. This really helps. Can the cap exempt petition be filed any time of the year or should it be done in April (when the CAP starts)? I got to know that cap exempt petitioners can work immediately rather than wait till Oct 1st. Is it true?

Another question is Company A is planning to process L1A for me. If we plan to process the cap exempt petition from Company B then will it cause any issue to the L1A processing? Your help is much appreciated.

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