Arjun_1 Posted June 14, 2013 Report Posted June 14, 2013 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 Posted June 14, 2013 Report Posted June 14, 2013 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.
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