My initial I797 Notice date: June 6th 2007.
I was in US from June 2008 to June 2011. (3 Years).
I am out of US from June 2011 to till date.
I have around 2.5 years left on the 6 years H1B . However the initial petion approved date is June 2007
Now, if my employer in India applies for H1B ,
am i Cap exempt.?
If i am CAP exempt will i get the entire 2.5 years ?
What did the lawyer who works for this company have to say?
NOTE; Make sure that this company is not a 'consultancy': https://www.uscis.gov/news/questions-answers-uscis-issues-guidance-memorandum-establishing-employee-employer-relationship-h-1b-petitions
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Employer in India cannot file for H-1B. Only U.S. employers can.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Contact the US company's US immigration attorney. Companies in India do not apply for H1Bs.
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