kewlh1guy Posted March 24, 2013 Report Posted March 24, 2013 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 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? 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? 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?
wiweq Posted March 25, 2013 Report Posted March 25, 2013 Any employer can file cap exempted H1b for you till 6 years of your H1b status.
Attorney_25 Posted March 25, 2013 Report Posted March 25, 2013 Any employer could file a cap-exempt petition for you. Not sure why you would want to file a cap-subject petition.
kewlh1guy Posted March 25, 2013 Author Report Posted March 25, 2013 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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