H1B cap exempt Process

USA H1B Visa
1

Hi,
I have a valid h1b stamped in my passport sponsored by employer A. I spent 2 years in US and returned back to my native country last year. Now I joined a new company say B. Since my visa is still valid, company B is ready to file a non cap subject petition for me. Can someone explain the process for me? Also some questions below.

  1. The petition is in revoked status at the moment. Does this mean its still valid for non exempt category?

  2. I spent 22 months in USA for employer A. How many years remaining on my visa? I already completed one year outside USA after last return. Will it reset back to 6years again for new petition with company B?

  3. Do I have to submit all the documents again to uscis? I heard last drawn US salaty slip is enough.

  4. What is the time period for a response from uscis on petition accept reject or rfe?

  5. Do I have a stamping process if petition accepted?

2
  1. The petition is in revoked status at the moment. Does this mean its still valid for non exempt category?

You can use your last H1B approval notice to file a new H1B petition under non cap category.

  1. I spent 22 months in USA for employer A. How many years remaining on my visa? I already completed one year outside USA after last return. Will it reset back to 6years again for new petition with company B?

remaining time = 6 years - total time that you have spent INSIDE US under H1B category

  1. Do I have to submit all the documents again to uscis? I heard last drawn US salaty slip is enough.

Talk to your employer/your employer lawyer for required documents. Once you lived in USA under H1B category, you need to provide your paystubs/w2s of your stay for future similar petitions.

  1. What is the time period for a response from uscis on petition accept reject or rfe?

ask USICS since God and USCIS only knows

  1. Do I have a stamping process if petition accepted?

Yes