RFE-NOID-NOID: B1 to H1B COS: 2008 approved petition under cap exempt

USA H1B Visa
1

Background:

I am in USA on B1 visa and i have 2008 approved petition. One employer filed for H1B for me using my old approved petition in 2013 July under cap exempt. Here we are trying to do change of status from b1 to H1B.
 

My qualification: MCA (masters in computer applications).

 

[b]Scenario:[/b]

1.RFE: Regarding LCA within 50 miles: [b]Able to clear this RFE.[/b]

2. NOID: USCIS contacted client and HR said i already joined company and working. She got confused with other person from our comapany who joined 1 month back.[b]Able to clear this NOID with client clarification mail to uscis.[/b]

3. NOID: Saying petition filed doesn't come under cap exempt category. [b]Need help[/b]


Today i got NOID saying H1B petition filed doesn't come under cap exempt. But strange thing is one of my colleague able to do B1 to H1B COS. His situation was same as mine (his also 2008 approved petiton) and only difference is he is bachelors in technology (btech).

 

[b]Questions:[/b]
1.Is NOID because i am MCA ? 2008 petition was filed after i completed my MCA using my MCA degree documents.

2. How to respond to this NOID. What are the things/consideration to take care to reply to get petition to get it approved?

3. As per many previous questions my case come under cap exempt. But still why i got NOID saying i am not covered under cap exempt?
 

Please help me experts.


	
		
			 
		
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2
  1. It is not related to your MCA.

2, 3. Did they submit the copy of old petition as proof of cap-exempt. If it was approved in 2008, then it would have a start date of Oct 1, 2008 or something. So it should be cap-exempt until Oct 2014.

3

@Sourabh

My employer is not submitting RFE on my H1B PP case. I think it is NOID. He is not giving clear reason for my RFE. Some times he says one reason other time another. Can I use this petition with other employers if my papers are genuine? In cap exempt this year? What are the chances of approval? I really need a job right now. Can’t wait for next year.