H1B cap exempt eligible or not?


harsha413

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I am posting this question on behalf of my friend. He got H1B approval in Feb 2012. I-797 validity period is 02/04/2012 - 10/25/2013. He attended for visa stamping in london and got a query about employer. But never got reply from embassy and now I-797 has expired.

 

Last week, he applied for F1 visa (to pursue MBA in USA) and got visa. In April, he is coming to USA. This will be his first entry into USA.

 

After completing MBA, can he apply for H1B using old I-797 (cap exempt)? Or he needs to apply for H1B visa under new quota?

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I am posting this question on behalf of my friend. He got H1B approval in Feb 2012. I-797 validity period is 02/04/2012 - 10/25/2013. He attended for visa stamping in london and got a query about employer. But never got reply from embassy and now I-797 has expired.

 

Last week, he applied for F1 visa (to pursue MBA in USA) and got visa. In April, he is coming to USA. This will be his first entry into USA.

 

After completing MBA, can he apply for H1B using old I-797 (cap exempt)? Or he needs to apply for H1B visa under new quota?

Yes, after his MBA an employer can file a cap exempt H1B petition anytime.

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