H1b cap exempt is possible?

Dear Anil,

Currently I am in india. I left usa due to covid - 11/2020.

Could you please guide me below queries.

My first visa with Employer A - Nov 2015 to Jun-2019 Visa validity till 3/31/2021
Employer B 3/31/2020 visa till 9/2022- It was a consular processing
Employer B with H1B petition got approved and stamping was not done till now.

Currently I am working Employer C and now Employer C is filed my LCA and it is approved. Now trying to file H1b cap exempt. my passport validity till 12/30/2023.
Q1. Do we required client letter while filing H1 cap exempt?
Q2. Employer C is already filed LCA and approved. In this situation,If I sumbit with LCA another employer D, then Employer C LCA is get impacted or not?

Q3. Is it possible to apply new H1 at this time or H1 cap exempt with Employer D?

Q4. Employer C file LCA recently and it is approved 28th Jan 2023. Due to delay of getting client letter, is there any timeline to filing H1 ?

Q5. My H1B is expired 9/2022 and h1 quota is not completed. In this case, can I apply fresh H1 with new employer?

Could you please explain these.

Thanks in Advance


If the H1B job position is for a client project, your employer will normally provide with the client SoW for the petition. Client letter may be needed when you go for stamping.
This is something that your employer and their attorney handling the filing of petition have to worry about, not you.

No impact.

Cap-exempt can be applied if you have leftover time from the 6 years of H1B term after a cap-subject H1B was approved or if you have approved I-140 or your employer is a cap-exempt. So if your case qualify for either of these you may qualify for cap-exempt.

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