QUESTION
Can I file for H1b cap exempt petition now
Asked on Jun 18th, 2023 on Immigration - New Jersey
More details to this question:
I had initial petition approved with Employer 1 from 2014 to July 2017. Second petition extension was approved from August 2017 to 2020. I stayed in USA from 2016 January to August 2017(Stayed in USA on h1b only for 1.8 years out of the 6 years). I came back to India and still in India. Final NIV expiration date was January 2022. Now I have changed my Employer 2(Job). Can I apply for CAP exempt H1B petition with Employer 2 and travel back to USA.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Inasmuch as you only stayed in the US on H-1B visa status for 1.8 years out of the total allotted stay of six years, you appear eligible for a cap exempt visa petition. If approved and you pass the consular interview, you would have 4.2 years left on the H-1B visa if your count of 1.8 years is correct. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jul 15th, 2023 at 9:24 AM