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Should this petition be filed on Apr 1 / 2015, or could it be filed any time? Should I wait till Oct 1 / 2015 to start work?

Immigration 2 views 3 answers
I worked for a US employer on an H1B visa from Jan 30 / 2012 till Aug 15 / 2013,then I resigned my position and went back to my home country, and I am still there. My H1B visa is still valid until Sep 2015. Recently, I got a job with another US employer, and they already received the approval on the Labor Condition Application in Dec 2014, and they are currently in the process of preparing the I-129 application to be submitted to USCIS? I understand that this will be a cap-exempt petition since my H1B visa is still valid. Is this correct? Should this be an H1B transfer petition that can be filed any time, or is it going to be a new petition that has to be filed on Apr 1 / 2015?

Attorney Answers

3
Hany Brollesy ·
If you have held H-1b status and been counted against the H-1b cap within the last 6 years, you can proceed with the remaining time you have from the 6 year maximum stay, without being subject to the cap again.
0 upvotes
F Capriotti 2793192.Html ·
Yes, you do appear to be cap exempt and the papers can be filed anytime. Technically this is NOT a transfer. Talk to the new company's attorney ... do not waste time on the NON-ATTORNEYS in HR.
0 upvotes

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