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H1B-CAP Exempt -Expired H1 Petitions

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  • #46
    please advise

    Originally posted by rameshsuresh119 View Post
    I have a question regarding my previous H1B; I would appreciate if you can provide your valuable inputs.

    My previous H1B was Valid from 2008 to 2011, I never travelled to US on this visa. My US B1/B2 visa was stamped in 2012 valid till Jan 2022, and visited US in 2012 on business visa. Please suggest:

    1. Can I utilize my previously approved H1B petition?
    2. Am I eligible to file in the CAP EXEMPT quota if my current employer is ready to sponsor? Is there a provision of utilizing after completing 6 years from the date of stamping OR we cannot use at all?

    Please give your advice/suggests to me on this.
    Can someone please advise?

    Comment


    • #47
      H-1B stamped from Oct'2011-Oct'2014. Questions regarding going back to US

      Hi,

      I got my H-1 stamped from Oct'11-Oct'14. I worked in US from Jan'12-Oct'13. After that I came back to India and am planning now to again go back to US.
      Can I travel to US on the same visa again if I get a job in US ?
      Please answer my queries as its very very important for me to understand the whole procedure to again to to US ?
      Thanks.

      Comment


      • #48
        How can to travel again using the same visa that is already expired? You need to find an employer who has a job matching your skill set. The employer will need to file a new CAP exempt H1B petition for you. Once the petition gets approved, you will need to go for H1B visa stamping (Since your previous H1B visa in the passport is already expired). If the visa is approved, then you can travel using the new employer's petition and visa to work for that employer.

        Originally posted by vgupta23 View Post
        Hi,

        I got my H-1 stamped from Oct'11-Oct'14. I worked in US from Jan'12-Oct'13. After that I came back to India and am planning now to again go back to US.
        Can I travel to US on the same visa again if I get a job in US ?
        Please answer my queries as its very very important for me to understand the whole procedure to again to to US ?
        Thanks.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #49
          H1B expired in December 2008 never extended/transfer, Eligible for Cap Exempt?

          H1-B from 2005 to Dec 2008. Never extended/transfer and used only 3 years

          Filed GC on EB3 and was working on EAD.
          went back to home country in 2014. Travel document/Advance payroll expired.

          I have approved I140 and have valid EAD till 2016.

          My question

          1) Can I transfer/extend my H1-B which was expired in December 2008 under CAP-Exemption?

          Thanks in advance.

          Comment


          • #50
            Here are my details-
            Visa approved - jan 2008
            Visa expired - sep 2011
            Return India - jan 2011

            Am I h1b cap exempt?

            Comment


            • #51
              H1b Cap Exempt

              I got my H1b stamped in sept 2007 for three years and it got expired in sept 2010. However, I never traveled to US on H1b status.
              Since my H1b visa has expired long back and I have never traveled on it, am I still eligible to get it renewed under Cap Exempt category?

              Comment


              • #52
                Nope. H1B CAP is valid only for 6 years.

                Originally posted by rohit2k5 View Post
                I got my H1b stamped in sept 2007 for three years and it got expired in sept 2010. However, I never traveled to US on H1b status.
                Since my H1b visa has expired long back and I have never traveled on it, am I still eligible to get it renewed under Cap Exempt category?
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #53
                  Help on Cap exemption -Expired in 2008

                  Hi This is Jay.
                  I have got my H1 B in 2006 and got expired in 2008.I have not utilized this H1 B visa and not traveled to US at all. Am I eligible for cap exemption and what are the chances of getting approved in case if I apply under cap exemption now..Please advise me..

                  Thanks
                  Jay

                  Comment


                  • #54
                    please advise

                    I have a question regarding my previous H1B; I would appreciate if you can provide your valuable inputs.

                    My previous H1B was Valid from 2008 to 2011, I never travelled to US on this visa. My US B1/B2 visa was stamped in 2012 valid till Jan 2022, and visited US in 2012 on business visa. Please suggest:

                    1. Can I utilize my previously approved H1B petition?
                    2. Am I eligible to file in the CAP EXEMPT quota if my current employer is ready to sponsor? Is there a provision of utilizing after completing 6 years from the date of stamping OR we cannot use at all?

                    Please give your advice/suggests to me on this. TIA.

                    - - - Updated - - -

                    I have a question regarding my previous H1B; I would appreciate if you can provide your valuable inputs.

                    My previous H1B was Valid from 2008 to 2011, I never travelled to US on this visa. My US B1/B2 visa was stamped in 2012 valid till Jan 2022, and visited US in 2012 on business visa. Please suggest:

                    1. Can I utilize my previously approved H1B petition?
                    2. Am I eligible to file in the CAP EXEMPT quota if my current employer is ready to sponsor? Is there a provision of utilizing after completing 6 years from the date of stamping OR we cannot use at all?

                    Please give your advice/suggests to me on this.

                    Comment


                    • #55
                      1. No
                      2. No. H1 CAP is valid only for 6yrs. As per my understanding you can not use at all.
                      This is not a legal advice. Use at your own risk.

                      Comment


                      • #56
                        H1 Cap exempt beyond 6 years

                        Hi , I have a question and will appreciate your inputs:

                        **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** *

                        The details of my case are as follows:

                        Jan 2001: Started my Masters in Electrical Engineering on an F-1 visa, arriving from India

                        May 2003: Completed all course requirements and started working as an intern on CPT

                        Feb 1, 2004: OPT arrived

                        Feb 21, 2004: Started full time employment on OPT

                        Oct, 2004: Started working on H-1

                        Feb 15, 2005: Applied for Labor Certification

                        Jan 2006: Officially graduated from university program

                        Feb 2006: I-140 under EB-3 category approved

                        Aug 2006: Changed Company and got 3 years extension on H1B as I-140 was approved.

                        Sept, 12, 2012: I-140 re-approved under EB2 by a different employer

                        June, 2013: Joined a new employer, got a 3 years extension on H1B

                        Sept, 2014: H1 to F1 visa got approved, while I was in USA

                        01/01/2015: Started second master’s degree, a full time MBA on F-1 visa


                        Question 1: My understanding that if you do an STEM degree, you are allowed to have an OPT for a time period of 24 months. After my first degree (which was a STEM degree) I used the OPT for 7 months only. I further believe that under certain conditions this 24 months can be split into two separate time periods where I use this OPT

                        i. My question is can I use (24-7 = 17) months for the OPT after my completing my MBA degree?
                        ii. What are the conditions that need to be met for me to use the FIRST masters (17) months for the OPT at this point?
                        iii. Can I apply OPT before graduation?
                        iv. After applying OPT, within how many months I need to get a job?
                        v. My second degree (MBA) is probably not considered a STEM degree. Does that affect the answers to questions above? If I change my MBA to an MBA with a minor in Applied Statistics, it can reasonably be considered a STEM degree. Will it help?
                        vi. Do I need to finish the MBA degree for me to avail of this OPT or can I use the OPT immediately?

                        Question 2: A friend informed me that since I have been in the US for a lot of years under an H-1 and also because I have crossed a Green Card stage (I-140), if an employer files for a new H-1 application for me, the application will not be subject to the 20 K visa cap for US Masters students and therefore that such an application can be filed anytime and will be approved fast.

                        i. Is there any merit to what my friend is saying? I also did some online search and found this article on it, but I need to know it accurately.
                        Shedding Light on H1B Cap Misunderstandings « **** ** Law Firm : U.S. Immigration Law

                        ii. Previously my H1B was approved beyond 6 years extension in 2013 till June 2016, in 2014 I had changed from H1 to F1. Now is there a time line such as before June 2016, before which any employer needs to file my H1-B for me to be cap exempt?

                        Thank You,

                        Comment


                        • #57
                          Need advice on H1B petition cap exemption

                          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?

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

                          Thanks.

                          Comment


                          • #58
                            My H1 expired in 2004, Can I apply for H1 for remaining 2 years without new CAP?

                            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.

                            Comment


                            • #59
                              H1b cap-exempt petition 2nd time

                              Hi,

                              I have got my first H1B in 2006 and I was in the US only for 2 years.
                              Under cap-exempt category I have got H1b in Feb, 2015 and it was only valid till Feb, 2016 (now this visa got expired). And I went to USA on this visa and I was there only for 1 and half month (Aug,2015 to Sep 2015) . I came back to India due to family emergency and I came to know that my employer has cancelled this Visa.

                              My question is, am I eligible for cap-exempt petition once again?
                              What if my previous employer cancelled my previous visa? Can I apply?


                              Thanks,
                              Naani

                              Comment


                              • #60
                                H1B cap exempt second time . Travelled to US on old petition.

                                Hi,
                                Need help !
                                My situation is as below -
                                1. I was issued H1B in Oct-2009.
                                2. I worked in US on H1B from Dec 2010 till June 2012. Total duration = 1.5 years.
                                3. Another employer filed for cap-exempt. Got approved petition and stamped visa valid till Dec 2015. Now it is already expired.

                                Question -
                                1. Can I still opt for Cap-exempt ?
                                2. Is 6 years cap-exempt duration is calculated from original petition issue date ( which is Oct 2009 ) or last date of US stay ( which is June 2012 ) ?

                                Your response will be highly appreciated and will be very helpful to many aspirants. I have been going through so many blogs, but not many people are clear about cap-exempt technicalities.

                                Thank you so much in advance !

                                Comment

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