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Immigration Issues/H1b Cap-Exempt scenario

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Question
I wanted know if I am really cap-exempt?

H1B approved in Apr 2010 from company A but din't travelled since project got cancelled on last moment. I have approved I-797 and visa stamped in my passport accordingly.

Company B (new) is offering job now and want to consider for h1b filing. Am I cap exempt based upon the fact that I was already counted against Cap in last 6 yrs from now (basically counted in 2010 as mentioned above)?

Answer
Hi,

The USCIS has not definitely clarified whether an individual in your exact situation will be subject to the visa cap. However, our experience shows that you will not be subject to the visa cap if we provide evidence of your earlier H1B approval, such as copy of H1B approval notice (I-797) or H1B visa stamp in passport within the past 6 years.

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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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