Do i come under Cap excemption??

[dilip.gnt]

Hi All

 

I am looking to file a new H1B this year, in which i already had a approved H1b for the year 2010-2013.

 

My old petition got expired now, where i went for stamping in 2010 and that petition is sent back to USCIS for reconsideration/revoke.(Since then havent got any update from them). Till today USCIS status shows its approval status.

 

So now can i file my new petition under cap exemption or do i need to file under 2014 cap.

 

Any replies on this will ben highly appreciated

 

Thanks

 

[jairichi]

Hi All

 

I am looking to file a new H1B this year, in which i already had a approved H1b for the year 2010-2013.

 

My old petition got expired now, where i went for stamping in 2010 and that petition is sent back to USCIS for reconsideration/revoke.(Since then havent got any update from them). Till today USCIS status shows its approval status.

 

So now can i file my new petition under cap exemption or do i need to file under 2014 cap.

 

Any replies on this will ben highly appreciated

 

Thanks

First find whether USCIS canceled your H1B petition.

[rahul412]

You are cap exempt.

[jairichi]

You are cap exempt.

rahul412: If USCIS revokes H1B petition after being forwarded from US consulate to reconsider/revoke and employer had not responded to RFE from USCIS to support the petition, is it still counted in cap?

[dilip.gnt]

@jairichi

 

i just checked with my last employer they told they haven't received any denial notice on my case since then, is there any other way that i can get update on my old petition ? 

[jairichi]

@jairichi

 

i just checked with my last employer they told they haven't received any denial notice on my case since then, is there any other way that i can get update on my old petition ? 

Good. You can file a FOIA with USCIS. If your employer did not get a denial notice then you are cap exempt. It is always better to cross check.