Am I eligible for Cap Exempt?

I am an Indian citizen. I have applied for H-1B in 2012 going through the CAP with company A. I got approval notice from California Service Center I-797B only on October 1st 2012 I did not use the H1-B at all - meaning did not go to consulate to get stamping done and of course it is now expired. Now I moved to company B. Came to US on business visa for short term. My new employer want me to work for him in USA for long term if applying for H-1B is not through Cap (I.e. Hassle of Lottery system etc)

New employer can file cap-exempt petition for you using the previously approved petition as reference. You don’t need to go through the cap again.


Greetings from Danta Technologies in San Diego. If you want to transfer and need GC, we can help you. Please send your resume to Or Call Nik Patel on
+1 (510) 862-4149.

Thank you,

Visa Processing Team / Danta Technologies