Legal Question in Employment Law in California

H1B cap exemption

I am presently working in India. In Sep 2004, I got H1 stammped thru a company. However due to some reason I could not join this company. In the meantime there is another company which is ready to file my H1 petition. But since the cap for this year has already reached, its saying they can not file H1 this year.

I want to know if its possible to file H1 thru this company this year itself without the H1 petition falling under cap.


Asked on 12/09/04, 8:59 am

1 Answer from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: H1B cap exemption

Since you already have an h1B...you do not fall under the cap!!

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Answered on 12/10/04, 8:03 pm


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