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H1B-CAP Exempt -Expired H1 Petitions

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  • #61
    File sent back to USCIS for review, Petition validity expired.

    Hello knowledgeable and workable solution sharing saints, i need your support.

    2015 June 15, got the information that my petition is picked
    2016 March 1, interview at Chennai consulate, 221g blue slip Administrative Processing ( not many questions asked, basic questions on relationship and job location)
    2016 October 5, received email from Chennai consulate mentioning AP case is suspended and file sent back to USCIS for further review ( attachment dated Sep 17 mention insufficient documentation to support employer employee relationship)
    2016 November 23, I-797B expired.

    Meanwhile I consulted an immigration attorney (not from the sponsoring company), to summaries.
    1. it's easy to get the visa approved by the sponsoring company (company attorney need to be more proactive)
    2. Approach a new company and get the cap exempt, can get the visa approved in 4 weeks. (Best option according to him)
    3. Approach a new company, if they are not having an able attorney, hire my attorney to get the process done.
    4. Do nothing wait for USCIS reply.
    5. Apply in 2017
    Guys I need your suggestion, I want to save my lottery pick.
    I am an Automotive BIW&DIW PD engineer with 15 years’ experience, trusted the petitioner and quit probably the best automotive OEM in February.
    Looking forward to hear from you.

    Thanks in advance
    HPG

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    • #62
      Initial H1 Petition expired

      Hi All,

      I got my H1 petition in FY2015 with due date till Mar16. I got it stamped too but not visited US during this tenure due to some unavoidable circumstances. Means I never traveled on that visa and it expired.

      Can I apply for H1B amendment under cap-exempt within same company ? What could be side-affect/affect on my case by new rules of new US President ?

      Please guide.

      Comment


      • #63
        Originally posted by DilNav View Post
        Hi,

        I have a question regarding H1B petition.

        My H1B visa petition was approved in the year 2008 valid till 2011. I never got my H1B visa stamped.

        1) Is it possible to file cap exempt H1B?
        2) Is it necessary to apply from the same employer or I can also go through a new Employer?

        3) When can an employer file a cap exempt H1B petition? Can that be done throughout the year or only during the month of April?

        You should definitely try applying for transfer

        I would really appreciate if someone can give answers to my above questions.

        Thanks.
        -> Yes, as per my understanding you can file cap exempt
        -> It is not necessary to apply from the same employer, you should be able to go through anyone who is willing to sponsor
        -> Any time of the year

        Comment


        • #64
          Same Question

          Originally posted by nagaraju_v View Post
          Hi friends,
          Need your suggestions... Please advice.
          My H1b approvals are from 1998 to 2004, but I left US in 2002, and stayed in India for 13 years. I was working on h1b for 4 years only. Now I came back to US on Visiting Visa.
          Can I apply for h1b for remaining 2 years with CAP-Exempt now.?

          Appreciate your advise.
          Hi nagaraju_v

          Can you clarify what happened in your case, were you able to file a cap exempt visa for yourself. I have the same issue as yours.

          Your response will be highly appreciated

          Thanks
          Sush

          Comment


          • #65
            Originally posted by libra14 View Post
            I've gone through the whole thread & found it quite informative.

            Here is my situation:
            1. I had received I-797 approval in 2009
            2. Never tried to get the visa stamped using that approval
            3. Now that approval is expired
            4. Can I apply in CAP-exempt quota this year (2015) now (I couldn't clear this year lottery on a fresh application) ?

            Since I've already been counted in the quota once & Never used it, can I use my whole 6 years approval now?
            Can anyone please help me with this.

            Comment


            • #66
              Originally posted by libra14 View Post
              Can anyone please help me with this.
              2009 is beyond 6 yrs. of current date. So the answer is the H1B petition will not be cap exempt, and needs to go through the lottery.
              Just an opinion; Not legal advice.

              Comment


              • #67
                Originally posted by scientist2016 View Post
                2009 is beyond 6 yrs. of current date. So the answer is the H1B petition will not be cap exempt, and needs to go through the lottery.
                Thanks Scientist2016, This site says that it can be used anytime. Hence I asked this question:
                http://forum. **** **.com/topic/7397...-unused-i-797/

                Comment


                • #68
                  Hi,

                  I have question regarding my expired H1B petition:

                  1) My H1B got stamped in Dec 2015 till Sept 2017 i.e for 33 months.
                  2) Between years 2016 and 2017, I travelled to US 2 times and stayed there total for 1.5 years.
                  3) I came back from US in August 2016 and from then I am working in India. So my last working in US on H1b was in August 2016.
                  4) My Visa got expired in Sept 2017.

                  Now, my question is till when I will be eligible for cap exempt?

                  Thanks,
                  Sunil Arora

                  Comment

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