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Immigration Issues/Duration for new quota exempt H1B approval

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Question
Hello Ajay,

I got a 221g during visa stamping at the consulate office in my country. I am trying to find a new petitioner to file a new H1B for me so that I can go back to US. I heard that since I was approved H1B by USCIS in the past six years, if a new petitioner files a new H1B for me, it will be quota exempt and I can start working anytime after it is approved by USIS and stamping approved at the Consulate.

I heard this process is similar to that of transfer of H1B visa where my previous WAC number can be used. I am trying to understand how some other petitioner can use my old WAC number. Your help will be appreciated.

Also, how long will the process for this new H1B approval by USCIS take at the fastest? About one month? Or can it be lesser also?

Answer
Hi,

In our experience, when Co. B files an H1B petition for you and attaches copy of your H1B approval notice through Co. A, you will not be subject to the visa cap by the USCIS.

Co. B has the option of filing an H1B petition through premium processing, whereby the USCIS will make a decision within 15 days of filing in return for additional filing fee of $1,225. Regular processing takes anywhere between 2 and 5 months for approval after filing.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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