H1 B Cap Exempt Eligibility


SunilUS

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Posted

I wanted to check the possibility to file h1 under cap exempt . I have a approved i129 from 2007. Validity was from 10/2007 to 9/2010.I was in US from 08/2008 to 10/2010 on L1 B Visa.

 

Can you please let me know if this will still qualify for cap Exempt ? Looking forward for your response. 

 

regards Sunil...

  • 1 month later...
Posted

I got an offer in US and the employer was ready to file the visa as well for me . 

But the attorney says that since I have never used my H1 b I cannot file for an exempt case , is this true ? any document or reference you can provide to help here.

 

regards

Sunil

  • 2 weeks later...
Posted

I got an offer in US and the employer was ready to file the visa as well for me . 

But the attorney says that since I have never used my H1 b I cannot file for an exempt case , is this true ? any document or reference you can provide to help here.

 

regards

Sunil

There are instances that if you had a H1B visa stamped you are considered cap exempt even though you never entered US on H1B. There is a good amount of ambiguity exists with this reasoning. That is the reason why I responded to talk to an attorney from Murthy law firm.

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