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Can H1B CAP exempt(because of previously met CAP 2 years back) filing be done any time in a year or Apr 1 like regular H1B's?

Kansas City, MO |

I am on STEM OPT extension which expires Aug 30, 2014. I was previously approved for H1B in 2012 but never used it since i lost the job. So i was back to OPT. Now my current employer is filing H1-B which will be CAP exempt since I previously met the CAP once.

My question is, Should my employer file for H1-B and send it USCIS on Apr 1 like regular CAP subject H1-B's or Can they file in May 2014 since my OPT expires in Aug 30, 2014? Can my employer buy some time until May or send all the documentation on Apr 1 ? Please help me. Thank you so much

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Attorney answers 1


You should be cap exempt if the petition was approved. However, to be on the safe side, suggest you file in the Masters quota this year.

The advice suggested here is for general information only and not to be construed as legal advice.



Thank you for the answer.

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