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I have a valid 1797 and US H1B visa stamped till Oct-2013. Will my case be H1B cap exempt

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I have a valid 1797 and US H1B visa stamped till Oct-2013. I left my us employment and returned to my home country in April 2013. I now have offer from another employer at a very senior level. They want to apply for my H1B transfer and extension. Will my application be cap exempt and will it be considered as transfer. I am not sure if my old employer has cancelled my H1B.

Attorney Answers

3
Miroslava Rincon ·
I agree with Mr. Behar. However, keep in mind you have to wait for the new H-1B Approval to re-enter the US. If the approval arrives prior to the expiration of the visa in your passport you could be allowed entry with the new approval and that visa, but you might as well obtain a full validity visa prior to joining the new employer.
0 upvotes
F Capriotti 2793192.Html ·
You appear to be OK. Talk to the new employer's LAWYER an not a non-attorney in HR.
0 upvotes

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