QUESTION
H1B approved in 2007, visa stamped in Dec 2007. Can i be cap exempt if i apply for new H1b now
Asked on Nov 10th, 2014 on Immigration - Virginia
More details to this question:
1.My H1B approved in 2007, visa stamped in Dec 2007(outside US). Neved used or travelled on that H1B. 2. After 2007, I got L1 and B1/B2 visa stamps and traveled to US The same employer who sponsored my h1B in 2007 is now ready to file my new H1B and says i dont come under CAP. Is my employer is right in saying they can apply my new H1B under cap exempt?
1 ANSWER
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
You are subject to the cap. Not subject if you had an h1b in the last year.
Answered on Nov 11th, 2014 at 1:30 PM