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Unstamped H-1B Quota Exemption

I had an H1B from my previous employer that was valid from Dec 2016-Dec2017. I never got the visa stamped and it has complete 6 years unused on it. The question I need your help with is if an employer files H1B for me, would it be eligible for Cap-Exempt processing or not?

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Watch the Video on this FAQ: Unstamped H-1B quota exemption

Video Transcript

The government may be pushy on this issue, but they do maintain that if you have not received a change of status for example from F-1 to H-1 or an H-1B visa stamp. If you are outside the USA you are still subject to the quota. I think they are legally wrong. So the bottom line is you should try to go ahead and give it a shot and I don't think the government is in a legally defensible position.

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Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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