h12345 Posted September 5, 2013 Report Posted September 5, 2013 hi friends company A filed petition as cap exempt to get approval for remaining 1.5 years as per I129 ( i had earlier used 4.5 years of h1b from 2007 through 2011) petition was filed on April 04, 2013 and approval came with validity of 3 years 1. is it possible that my case was considered subject to cap and hence i got 3 years validity ? 2. would this be an issue during stamping ? is there anyone else in same situation ? request you please provide your inputs, would appreciate your responses.
pontevecchio Posted September 5, 2013 Report Posted September 5, 2013 Obviously the new employer filed a cap subject H1 petition for a start after October,1 thus giving you a new total of 6 years in H1 status. Now pick up the phone and ask the petitioner.
h12345 Posted September 5, 2013 Author Report Posted September 5, 2013 many thanks for your response i had a discussion with petitioner, he told that it was filed cap exempt. even the USCIS cover letter and i129 details correspond to cap exempt may be because it was filed in April and i have stayed outside US for more than 2 years, i was given 3 years one more question please, is it possible to confirm if a petition has been filed subject to cap or not (apart from details on i129) ?
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