Do i come under CAP Exemption ?

[RanjithNelanti]

Hi,

Right now i am in india and never been to US till today.

Last year I got H1 approved for 3 years (2015 to 2018). But got 221G admini processing when i went for stamping in nov 2015 which is still pending.

Now my question is i found another employer who is ready to file for my H1 transfer with the current approved 797.

1. Am i eligible to apply for transfer under CAP Exempt (while my current H1 is still pending)

2. if current visa denied, can i still apply for transfer with CAP exempted ? (only after denial)

 

Any help will be much appreciated.

 

Thanks.

[JoeF]

You are not cap exempt, because you haven't worked for the original employer yet.

See http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/

[RanjithNelanti]

Hi Joef,

Thanks for the reply.

But the link you shared is all about transfer before Oct 1st and if employer revokes the petition. But it does say about we need to work for employer A. Correct me if i miss anything.

 

But in my case i still have approved 797 with start date of oct1,2015 but it is in admin process.

 

Am i eligible for transfer under CAP Exempt ?