H1B Cap exemption

[sannad]

Hello

 

I used to work in US in the past on a stamped H1B visa (that was valid till July 2014). However after wedding in 2013 I went back to India, resigned my previous job and filed for H4 so I can travel back to US on H4. During the visa stamping process for H4 in India, USCIS printed "cancelled without prejudice" on my H1B visa. Currently I am in US on stamped H4. Today, I received a potential job offer from a US company and they may provide me with H1B sponsorship before I begin to legally work.

 

My questions are:

 

1. This year H1B cap seems to be already filled out. However, since I had an H1B visa in the past, am I cap exempt even if my visa was cancelled last year?

 

2. I was in a different labor cateogry (software developer). Now they may need to file new H1B petition as a project manager. So does this change in labor category (or role) nullify the CAP exemption if at all I was eligible for it?

 

Please advise.

 

Thank you.

[jairichi]

Hello

 

I used to work in US in the past on a stamped H1B visa (that was valid till July 2014). However after wedding in 2013 I went back to India, resigned my previous job and filed for H4 so I can travel back to US on H4. During the visa stamping process for H4 in India, USCIS printed "cancelled without prejudice" on my H1B visa. Currently I am in US on stamped H4. Today, I received a potential job offer from a US company and they may provide me with H1B sponsorship before I begin to legally work.

 

My questions are:

 

1. This year H1B cap seems to be already filled out. However, since I had an H1B visa in the past, am I cap exempt even if my visa was cancelled last year?

 

2. I was in a different labor cateogry (software developer). Now they may need to file new H1B petition as a project manager. So does this change in labor category (or role) nullify the CAP exemption if at all I was eligible for it?

 

Please advise.

 

Thank you.

1. If you have not utilized full 6 years on H1B status then you are cap exempt.

2. No. Your education has to be relevant to H1B profession.

[t75]

Hello

 

I used to work in US in the past on a stamped H1B visa (that was valid till July 2014). However after wedding in 2013 I went back to India, resigned my previous job and filed for H4 so I can travel back to US on H4. During the visa stamping process for H4 in India, USCIS printed "cancelled without prejudice" on my H1B visa. Currently I am in US on stamped H4. Today, I received a potential job offer from a US company and they may provide me with H1B sponsorship before I begin to legally work.

 

My questions are:

 

1. This year H1B cap seems to be already filled out. However, since I had an H1B visa in the past, am I cap exempt even if my visa was cancelled last year?

 

2. I was in a different labor cateogry (software developer). Now they may need to file new H1B petition as a project manager. So does this change in labor category (or role) nullify the CAP exemption if at all I was eligible for it?

 

Please advise.

 

Thank you.

 

 

They MUST file and receive approval before you  begin working. It is NOT optional. Do not begin any job until you have an H1B I-94 in hand.