1st H1B approved, not stamped, didn’t travel. second CAP EXEMPT petition, denied. am I still, cap exempt? same employer or new employer can file CAP Exempt petition for me?
Cap exemption is denied if there is less clarity on employer status with US government. Please make sure your employer fits the criteria set by USCIS for exemption to cap. This should be clearly documented in Federal tax status databases. If all is clear, employer may refile without prejudice.
All the best
Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu
Cognizant Technology Solutions s my employer. They have very good reputation in us and india. Looks the document or the way my case handled by mobility team is not perfect. Can they appeal with producing perfect documents or can they refile a new petition with new project details?
Petition should be refiled.
A new employer can also file h1 for me right? Because I’m still exempt from cap?
Yes, that is correct