H1 Cap exemption feasibility in my scenario


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Request your advice and suggestion regarding my H1 status and check feasibility of applying cap exemption by new employer.




1. Got my H1 petition approved in Aug 2004 and travelled in Sep 2004. Extended my visa for further 3 years and was valid till Oct 2010.(filed by old company)


2. Stayed in US till Aug 2008. Have returned from US and have been staying outide US ftill now (Oct 2015). I have unutilised visa period of around 24 months. I have moved another company outside UD since then.


What's my status on H1. Is cap exemption feasible in my case and can the new employer transfer the H1? Please advice. Thank you.

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Thanks for the update. It helps.


However the visa department in the new company has updated me, as below.


"H1B cap exempt can be initiated only if the base H1B petition is issued within the last 6 years and in your case CAP exempt process cannot be initiated, you will have to initiate for H1B through CAP only. This is the process followed in the company"

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