desi3933
06-21 10:30 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.
Not a legal advice.
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.
Not a legal advice.
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EndlessWait
01-10 03:00 PM
Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
even mine is 23rd july case..and is ur case status still showing "transferred to NSC blah blah..." ?
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
even mine is 23rd july case..and is ur case status still showing "transferred to NSC blah blah..." ?
vinoddas
07-29 08:57 PM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
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ghost
02-07 03:13 PM
Hi
I clicked on the link provided but unfortunately I was not able to watch the video, can you please share what was concluded at the end of the session, any measures that they plan to take?
Thx
It's a long discussion but the summary in the last 2-3 mins suggests that
a) the temporary worker visas issue should not be tied to backlog reduction issue
b) other countries like canada and australia have already changed their immigration policies for high-skilled immigrants and US is falling behind
c) that the US government needs to provide clarity on the GC process one way or the other instead of keeping us in limbo
d) interesting observation by canadian economics lady professor - clearing the immigration backlog is the only immigration reform that is needed for US economy.
You've to understand that this is just a panel discussion and they can only make recommendations for execution by the politicians...they themselves cannot take any measures to resolve the issues.
Next steps are for us to support IV Advocacy (see separate threads for the April Advocacy) and lobby hard for the necessary legislative changes...this is a good presentation that can be used to to lobby for a piecemeal legislation/amendment for legal immigrant backlog reduction!
I clicked on the link provided but unfortunately I was not able to watch the video, can you please share what was concluded at the end of the session, any measures that they plan to take?
Thx
It's a long discussion but the summary in the last 2-3 mins suggests that
a) the temporary worker visas issue should not be tied to backlog reduction issue
b) other countries like canada and australia have already changed their immigration policies for high-skilled immigrants and US is falling behind
c) that the US government needs to provide clarity on the GC process one way or the other instead of keeping us in limbo
d) interesting observation by canadian economics lady professor - clearing the immigration backlog is the only immigration reform that is needed for US economy.
You've to understand that this is just a panel discussion and they can only make recommendations for execution by the politicians...they themselves cannot take any measures to resolve the issues.
Next steps are for us to support IV Advocacy (see separate threads for the April Advocacy) and lobby hard for the necessary legislative changes...this is a good presentation that can be used to to lobby for a piecemeal legislation/amendment for legal immigrant backlog reduction!
more...
STAmisha
11-14 05:55 PM
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
pak
07-12 08:56 AM
Please visit
http://www.congress.org/congressorg/mailapp/
enter your address to find the senetor of your area.
Fill up your contact info.
Paste the templet:
I am a highly-skilled professional who entered this country legally. I've
been waiting for my US permanent resident visa -also known as "Green Card"
for the past several years along with 500,000 other educated, highly
skilled employment based (EB) immigrants. Many of us have been waiting for
our turn to get Green Cards for 5-10 years while consistently abiding by
all the laws of this country. Such long delays are due to tortuous and
confusing paper work, backlogs due to various quotas and processing delays
at US Citizenship and Immigration Service (USCIS), other allied state and
federal agencies.
Several categories of EB immigrant visa (Green Card) numbers were
unavailable ("retrogressed") since the fall of 2005. For the past several
decades, the US Department of State (DOS) has been publishing advisories
known as visa bulletins once a month to announce the availability of
immigrant visa numbers. On June 13, 2007, after a gap of nearly two years,
DOS announced that all EB visa numbers would be "current" for the month of
July. This meant, irrespective of our "priority date" (date assigned to us
for our turn in the line for Green Cards), all of us were made eligible to
apply for some interim immigration benefits. This "priority date" refers
to the date when our labor certification (documentation verifying no US
citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate
green card for most of us; but at least it would have ensured us interim
benefits such as the right to travel and right to work for any employer-
this was still a welcome change. Especially, for dependent spouses who are
otherwise unable to work, this would have translated into right to travel
and work without restriction and thus channel their energies positively.
Several dependent spouses are also highly-skilled.
Tens of thousands of applicants spent thousands of dollars in legal fees,
immigration medical exams & vaccinations & getting various supporting
documents ready to file our immigrant petitions to USCIS, at times
inconveniencing our old parents in our home countries as well. It has been
an agonizing two weeks for us. Some of us to had to fly in our spouses
from our home countries or have had to cut short business trips. Hundreds
of millions of dollars were spent by thousands of immigrants in
preparation of their application. To our shock and dismay, on the morning
of July 2nd 2007, USCIS announced that EB visa numbers were not available
and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and
disheartening experience. These are people that are in the country
legally, paid taxes and followed all the rules.
We sincerely seek immediate congressional/ legislative remedial measures
which would (1)Reduce the enormous backlogs of green card petitions of
legal skilled immigrants (2)Ensure and request USCIS not to reject our
immigrant visa petitions filed in July and provide us interim benefits of
a pending immigrant visa petition. We make this sincere request with the
hope that people who played by the rules will be rewarded.
Sincerely,
XX
You will receive confirmation from senetor's office.
Thanks
http://www.congress.org/congressorg/mailapp/
enter your address to find the senetor of your area.
Fill up your contact info.
Paste the templet:
I am a highly-skilled professional who entered this country legally. I've
been waiting for my US permanent resident visa -also known as "Green Card"
for the past several years along with 500,000 other educated, highly
skilled employment based (EB) immigrants. Many of us have been waiting for
our turn to get Green Cards for 5-10 years while consistently abiding by
all the laws of this country. Such long delays are due to tortuous and
confusing paper work, backlogs due to various quotas and processing delays
at US Citizenship and Immigration Service (USCIS), other allied state and
federal agencies.
Several categories of EB immigrant visa (Green Card) numbers were
unavailable ("retrogressed") since the fall of 2005. For the past several
decades, the US Department of State (DOS) has been publishing advisories
known as visa bulletins once a month to announce the availability of
immigrant visa numbers. On June 13, 2007, after a gap of nearly two years,
DOS announced that all EB visa numbers would be "current" for the month of
July. This meant, irrespective of our "priority date" (date assigned to us
for our turn in the line for Green Cards), all of us were made eligible to
apply for some interim immigration benefits. This "priority date" refers
to the date when our labor certification (documentation verifying no US
citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate
green card for most of us; but at least it would have ensured us interim
benefits such as the right to travel and right to work for any employer-
this was still a welcome change. Especially, for dependent spouses who are
otherwise unable to work, this would have translated into right to travel
and work without restriction and thus channel their energies positively.
Several dependent spouses are also highly-skilled.
Tens of thousands of applicants spent thousands of dollars in legal fees,
immigration medical exams & vaccinations & getting various supporting
documents ready to file our immigrant petitions to USCIS, at times
inconveniencing our old parents in our home countries as well. It has been
an agonizing two weeks for us. Some of us to had to fly in our spouses
from our home countries or have had to cut short business trips. Hundreds
of millions of dollars were spent by thousands of immigrants in
preparation of their application. To our shock and dismay, on the morning
of July 2nd 2007, USCIS announced that EB visa numbers were not available
and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and
disheartening experience. These are people that are in the country
legally, paid taxes and followed all the rules.
We sincerely seek immediate congressional/ legislative remedial measures
which would (1)Reduce the enormous backlogs of green card petitions of
legal skilled immigrants (2)Ensure and request USCIS not to reject our
immigrant visa petitions filed in July and provide us interim benefits of
a pending immigrant visa petition. We make this sincere request with the
hope that people who played by the rules will be rewarded.
Sincerely,
XX
You will receive confirmation from senetor's office.
Thanks
more...
satishku_2000
10-05 06:49 PM
Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...
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nandakumar
03-06 09:41 PM
Faxed
more...
fromnaija
07-21 11:04 AM
Dodge ball? Isn't that what USCIS plays with you and all of us here?
hey i know how to play that, will that help :D
hey i know how to play that, will that help :D
hair est funny quotes of all time.
WAIT_FOR_EVER_GC
11-11 12:51 PM
ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL
Every week there is a free call
Hi All,
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
Every week there is a free call
Hi All,
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
more...
Sp�rL
04-23 11:00 AM
Wow top marks on the help there Templarian.
i got the SDL library etc now, and im on my way to getting started :P
w00t!!!
this pixel drawing is a bit crazy though lol.
i got the SDL library etc now, and im on my way to getting started :P
w00t!!!
this pixel drawing is a bit crazy though lol.
hot tattoo hot BEST FUNNY QUOTES
bsbawa10
04-11 06:09 AM
I always did paper filing. I have done it third time this time. Incidently, the first two times the EAD approval came in about 17 days but this time, it has already been 15 days and I have not received the receipt even. The check was withdrawn on the 13th day.
more...
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pappu
09-08 12:24 PM
One big question:
Who runs this free calling service?
There is no contact information or legal disclaimers. It is just a one page website.
BTW I tried and it worked. But these questions are important to know this is not a fishy site or what their true goal of providing this free call is.
Who runs this free calling service?
There is no contact information or legal disclaimers. It is just a one page website.
BTW I tried and it worked. But these questions are important to know this is not a fishy site or what their true goal of providing this free call is.
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abcdefgh
01-03 11:19 AM
just paid: 22.XX
Receipt ID: 07M99091AL872601P
Mytotal:122.xx
Receipt ID: 07M99091AL872601P
Mytotal:122.xx
more...
pictures 2010 est funny quotes of all
ghost
12-10 02:31 PM
Just throw away your legal papers. change your name, show your photograph with the statue of liberty and declare yourself illegal in the country for last 5 years. go to school, enjoy a better in-state tuition and get a better job. Green Card Voila!!!!
Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.
Keep dreaming. DREAM act ain't going anywhere.
Oye chuck they fatte.
If DREAM act does not pass then we will not go anywhere for the next 2 years....and how do you intend to prove that you were brought into this country illegally before you turned 16? I guess you'll have to forge your high-school degree? voila...go for it!
Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.
Keep dreaming. DREAM act ain't going anywhere.
Oye chuck they fatte.
If DREAM act does not pass then we will not go anywhere for the next 2 years....and how do you intend to prove that you were brought into this country illegally before you turned 16? I guess you'll have to forge your high-school degree? voila...go for it!
dresses est funny quotes of all time.
kumar1
07-11 11:30 AM
Hey, with ALL EB numbers gone till October, what else USCIS employees are suppose to do? Poop, Pee and approve I-140! This way, make this freaking GC line even longer. When PERM came in the picture...everyone was so exited.... Fact of the matter is it does not matter if you get labor certification in 2 days and I-140 in 3 days. There are only 140,000 EB visas available. All we are doing here is making the line longer. One thing that has changed is.. every Tom Dick and Harry has an approved labor through PERM so they can extend their H1-B for ever technically. Earlier, when getting a lobor certification was time consuming, getting H1-B extended beyond 6 years are a real pain@neck. my 2 cents....
more...
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manand24
09-17 07:23 PM
I am on the same boat. My I-485 receipt and my wife's receipt have SOURCE as UNKNOWN.
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-765 NSC RD 07/02/07 ND Pending - NO Update yet.
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND Pending - NO Update yet
I-765 NSC RD 07/02/07 ND Pending - NO Update yet
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-765 NSC RD 07/02/07 ND Pending - NO Update yet.
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND Pending - NO Update yet
I-765 NSC RD 07/02/07 ND Pending - NO Update yet
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gcformeornot
01-10 06:13 PM
please
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vladdrac
06-06 05:30 PM
VD I love that one...
I usually end up going towards the left myself
I usually end up going towards the left myself
legal_la
06-25 03:39 PM
Guys,
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.
May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.
May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.
neha_garg123
01-08 07:20 PM
You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.
Thanks a lot!!
Thanks a lot!!