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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28201
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Regarding H1B Filing/Transfer as Cap Exempt Petition

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I currently have H1B visa from Company-A. The petition and visa are valid till June 2015. My US Payroll ends on 08-Nov-2013. I will go back to India immediately. 1. Can another employer initiate H1B visa before my petition and visa expires as a CAP-EXEMPT Petition or does it have to come under CAP? 2. If Cap Exempt filing is possible, then can they file as CAP_EXEMPT even if my current company, Company-A cancels my H1B petition? Thank you, Prabha

Hello, my name is Judith. Thank you for this opportunity to answer your questions.

You are cap exempt for 6 years from the initial date of Co A's petition even if the withdraw it.

That cap number is XXXXX for the 6 years.

 

Judith

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