sureshv120 Posted April 10, 2014 Report Share Posted April 10, 2014 Hi, Sorry if this is a dumb question. I tries to research this myself but I don't know what the correct answer is. My H1b was approved in the 2014 quota. Company B filed it for me. They filed it under consular processing. I could not join them till now for certain reasons beyond my control. Now that I want to join them, company A that I am working for now has given me a better offer at their place and have also offered to apply my H1b. Am I CAP exempt? I am in the US on L1 status at the moment? One other thing is that since I did not join company B, they did not give me the approval notice. I just have the EAC number. If I am CAP exempt then will not having approval notice cause a problem? Link to comment
sureshv120 Posted April 10, 2014 Author Report Share Posted April 10, 2014 Well, its not that I did not do my research. My thought is yes, I will be CAP exempt and the EAC number should suffice. Please do let me know your thoughts. Link to comment
jairichi Posted April 10, 2014 Report Share Posted April 10, 2014 Hi, Sorry if this is a dumb question. I tries to research this myself but I don't know what the correct answer is. My H1b was approved in the 2014 quota. Company B filed it for me. They filed it under consular processing. I could not join them till now for certain reasons beyond my control. Now that I want to join them, company A that I am working for now has given me a better offer at their place and have also offered to apply my H1b. Am I CAP exempt? I am in the US on L1 status at the moment? One other thing is that since I did not join company B, they did not give me the approval notice. I just have the EAC number. If I am CAP exempt then will not having approval notice cause a problem? Yes, you are cap exempt. Even though a H1B receipt is fine it is better to get a copy of I797. Link to comment
sureshv120 Posted April 11, 2014 Author Report Share Posted April 11, 2014 Jairichi, Thanks. You have been a valuable contributor to the forum. By H1-B receipt you mean the EAC number? Link to comment
jairichi Posted April 11, 2014 Report Share Posted April 11, 2014 Jairichi, Thanks. You have been a valuable contributor to the forum. By H1-B receipt you mean the EAC number? Thank you for your appreciation. That is correct. Link to comment
sureshv120 Posted May 8, 2014 Author Report Share Posted May 8, 2014 Hi, One last question. What if company B revoked my H1-B. Am I still CAP exempted? Link to comment
jairichi Posted May 8, 2014 Report Share Posted May 8, 2014 Hi, One last question. What if company B revoked my H1-B. Am I still CAP exempted? Yes. you are. Link to comment
sureshv120 Posted August 30, 2014 Author Report Share Posted August 30, 2014 Hi Jairichi, Hope you are doing good. Just wanted to check with you. Has there been any change to the law in the recent past such that USCIS would consider my case non CAP exempt now? I have heard some lawyers state that my case is non CAP exempt due to a recent change. Link to comment
sureshv120 Posted August 30, 2014 Author Report Share Posted August 30, 2014 Some say that I should have at sometime activated my H1b to be CAP exempted. If I did not activate my H1b, then I was not counted against the CAP I believe. Some new interpretation I believe by USCIS. Not sure how true it is. Link to comment
sureshv120 Posted August 30, 2014 Author Report Share Posted August 30, 2014 As per Murthy lawyer in this forum itself When a cap-subject H-1B petition is approved, the beneficiary is counted against the cap at that time. There is language in the law regarding being "issued a visa or otherwise provided status," but the effect of that is not clear where the reality is that USCIS counts based on petition approval, not based on visa issuance and not based on provision of status. Wondering if anything has changed regarding this interpretation of the law this year. Link to comment
jairichi Posted August 30, 2014 Report Share Posted August 30, 2014 Hi Jairichi, Hope you are doing good. Just wanted to check with you. Has there been any change to the law in the recent past such that USCIS would consider my case non CAP exempt now? I have heard some lawyers state that my case is non CAP exempt due to a recent change. I am fine. Thanks. No change as of now. Check with an attorney from Murthy law firm. How many years you have been on L1? If not 6 years then you are cap exempt and you get 6 years - time spent on L1 status. Link to comment
sureshv120 Posted September 1, 2014 Author Report Share Posted September 1, 2014 Thanks Jairichi. I will check with Murthy Law firm. You know what for your contributions to this forum, Murthy law firm or some other big law firm should hire you!!! Thanks again. Your the best. Link to comment
jairichi Posted September 1, 2014 Report Share Posted September 1, 2014 Thanks Jairichi. I will check with Murthy Law firm. You know what for your contributions to this forum, Murthy law firm or some other big law firm should hire you!!! Thanks again. Your the best. Thanks for your appreciation. Unfortunately I am not into law :) Link to comment
sureshv120 Posted September 12, 2014 Author Report Share Posted September 12, 2014 Perhaps you should get into it. Lawyers get paid a ton!!! Well anyway best of luck. For your service to community I am sure you will be rewarded. Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.