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I got my approved H1B petition from company A(IT Consulting) in 2009 when i was in india and i didn't use that pettition(didn't get stamping so far).Now I m in H4 in US and applied new H1B thru Company B(IT Consulting) in CAP EXEMPT category and it got rejected due to inadequate documents of Employer B. 1)Now I got job offer Can I apply new H1B thru company C in CAP Exempt category ? 2)Do I need to apply only next year CAP ?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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A person who will be employed by an H-1B cap-exempt organization can file for H-1B status at any time during the year. Others must wait until April 1 to file their petitions and are of course subject to the cap numbers.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 Jan 06th, 2014 at 9:56 PM