Cap Exempted H1B

[Arjun_1]

Hi,

 

     I am working for an employer "XYZ".  I have visa validity till August 2013.  I have never been to US  and not sure whether I will get a chance before August 2013 to travel.  I have heard about Cap Exempted H1B.  

 

Assuming that my visa expired. I have the following queries.

 

1.  Whenever next time If I want to get a H1B . Will I be able to get the cap exempted H1B only through my current employer "XYZ"?

 

2.  If  I move to an employer "ABC", Can employer "ABC" file a cap exempted H1B for me ?

 

3.  After how many weeks/months/years  of my current visa expiry can I apply for cap exempted H1B.

 

Thanks.

[Attorney_10]

Generally an individual is considered counted against the H1B cap if s/he is present in the U.S. when the change of status to H1B takes effect or if s/he is issued an H1B visa by a U.S. consulate. Even if one never enters the U.S. on H1B s/he may be able to argue cap exemption in a subsequent H1B petition as long as the H1B visa was issued. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your case and the options that may be available to you.