I have this question about H1B , my employer had filled for H1b , I got RFE about employer employee relationship, he didn't ans

Asked about 1 year ago - Glencoe, IL

Can I File H1b now again, will I be quota- exempt?

Attorney answers (3)

  1. Michael E. Piston

    Contributor Level 12

    2

    Lawyers agree

    Answered . If you've never had an H-1B petition approved upon your behalf, then you do not fall into the cap exemption for people for whom H-1B petitions have been approved. Nor is any other basis for an exemption suggested by your message.

  2. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You can never file ... only employers are allowed to file.

    Talk to the company's immigration lawyer to discuss the cap.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Lynn Marie O'Brien

    Contributor Level 13

    1

    Lawyer agrees

    Answered . If you have ever been counted against the cap previously, then you don't need need to be counted again. It's not clear whether you have ever held H-1B status before. If the employer failed to answer the RFE, the case will be denied if it hasn't been already. If you have never been counted against the cap, the only way to get an h-1 sponsor to file on your behalf at this time (since all of the H-1Bs are used up) is to get a job with a cap exempt institution who will file on your behalf such as a non-profit.

    This response is provided for informational purposes. No attorney-client relationship exists unless we have a... more

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