How long does the approved petition remain CAP Exempt after validity expires and not stamped?

Dipayan · June 18, 2016, 5:39am

Hi,

I have an approved H1 B petition .In the petition it is written the validity end date is 31st December,2016.I have the no opportunity as of now but it is expected to come in 2017 .The petition is not yet stamped.

I have following questions:

Will this petition remain CAP Exempt or will I need to go through lottery again anytime after validity end date.?How long this petition remains CAP Exempt(Start date was October,2015)?If I leave my current company,is it possible to transfer this H1B to the new employer?If yes,then what are the documents that need to be filled up.Looking forward to your answers.

Thanks in Advance,

Dipayan

Saurabh · June 20, 2016, 5:27am

You are eligible for cap-exempt petition

'2. Usually, you are cap-exempt for 6 years from approval date. However, USCIS recently approved few cases where the original petition was applied more than 6 years ago.

Yes, this can be done. Documents are similar to what you needed for your original petition. Only additional document is copy of your current approval notice to show that you have already made through the lottery.