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Immigration Issues/Advice on Cap-Exempt Petition filing

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Question
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...

Regards
Sudhakar

Answer
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Petition may be filed immediately, however, as you are aware that your case is currently pending which may have to be withdrawn prior to filing anew.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,  

Immigration Issues

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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