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Posted on 29 Jan 2011
Q.

H1 cap exemption

My wife’s H1 visa was approved in Sep 2009. She travelled to India in June 2010 and her visa was rejected at the consulate. She flew back to the US on H4.
We have now found an employer to file for her H1 again. Now that the cap has been reached for the year 2010,
a)Will she still be able to apply for H1 as she was already approved in 2009; or
b)She will have to file only under the quota for 2011?

Kindly give your comments on the same.
Thanks

User's Location: Yonkers, New York, United States of America
Category: H1B Visa (Work Visa)
Posted on 30 Jan 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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