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Immigration Issues/Advice on Cap-Exempt Petition filing


Please advice on the below situation:

Initial H1b petion filed : April 2007 by an IT consulting company
Stamping Done : June 2008 but didn't enter into US on that visa

2nd H1b Petition Filed : April 2012 as a cap exempted petition
Attended Visa stamping : Jan 2013 but case went into Administrative processing 221G

1. In the above situation if a new employer wants to file
  another H1b petition, will it be possible to file as a cap
  exempted or it will be subjected to cap?

2. can the new petition be filed immediately or have to follow the
  normal time lines?

Kindly advice on this...


Dear Sudhakar:
As per info provided:
1) It depends on category of filing whether it would be cap exempt.
2) New Petition may be filed immediately, however, as you are aware that your case is currently pending which may have to be withdrawn prior to filing anew.

However, because immigration laws are very complex I would recommend that you have proper professional consultation with an experienced immigration attorney on this issue.  

Best wishes,  

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