Its amazing that such a big firm and so many clients, still I got Individual Attention, including once scanning and sending me 32 Pages of Documents I had submitted with my Labor Applications that I had misplaced.Special Thanks to Richa, Prerna, Shivani ,Mathew Rajiv Khanna and Immigration Portal for so much info.
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?
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.
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.
Thanks Diane for great work for my GC processing. I am also grateful to Leila and Suman to help me from time to time. The services of law offices of Rajiv Khanna is just great for GC cases.