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H1B-CAP Exempt -Expired H1 Petitions

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  • #16
    Originally posted by skum_5 View Post
    I got a H1B Visa in year 2008 which was valid till 2010. I travelled to USA in year 2008 and came back to india after 4 months stay over there since my employer has not provided any opportunities during that time. So I don't have any US Payslips. The Petition was valid till 2010.

    Currently I am working in India....

    So Can I find a Sponsor now and transfer my H1B Petition to work for new employer for the remaining period. Is it possible ? Please advice.
    Yes it is possible.

    This is my opinion not legal advice.

    Comment


    • #17
      I had an Initial H1-B work permit whose approval notice was valid from Oct 2006 till Mar 2009 (29 Mar). I was working in US from Nov 2006 till Oct 2008 using this H1-B work permit. Before I exited US in Oct 2008, my employer applied for my H1-X (Extension of this initial H1-B work permit) which got approved in Nov 2008 and was approved for the duration of Mar 2009 (29 Mar) till Feb 2011. Post that there has been no extensions filed as I was in India since Nov 2008 and has never been to US again nor used the H1-X for any Visa Stamping. Now, I am planning to apply for H1-B in 2014 (FY 2015). However, I want to know if I will be eligible for cap exemption as am confused whether the effective date of my Initial H1-B approval (i.e., Oct 2006) will be used for Cap expiry calculation (for 6 years CAP exemption) or the latest H1-X approval (i.e., 29 Mar 2009) will be used. If the latest is used, then I think I am eligible for Cap exemption as it is less than 6 years from now. Also, I heard that if the beneficiary has stayed in US for less than 4 years (which is valid in my case as I have stayed only for 2 years/less). Can someone please confirm if my extension approval will be considered to calculate out of cap exemption? Also, my employer has lost (so far not found) the H1-X but I have the H1-X acknowledgement receipt notice from USCIS. In the worst case of not having the latest (H1-X) I797 approval, is it possible to use the receipt notice to apply for the CAP exempt petition? This would be valuable information to me as otherwise I would need to go through CAP quoto with lottery system as it happens in the past few years.

      Comment


      • #18
        Originally posted by rprasadh View Post
        Thanks. I had consulted an attorney and he confirmed me that I can use the remainng unused years eventhough my petition has expired.
        can you please give me contact details of attorney?

        Thanks

        Comment


        • #19
          No approval notice

          My husband had a H1B petition approved in his previous Organization just before he quit to do further studies. Hence he never collected the I-797. The petition was approved on Dec 28, 2013. Now in his current organization, since he has opportunities immediately, they want to apply for a H1B in the cap exempt category. We only have the petition number and his organization is asking for the previous receipt notice. Is it possible to apply without teh previous notice? Is there a chance of rejection because of the same? Please let me know.

          Thanks,
          Harini

          Comment


          • #20
            VISA Expired on April, 2014 - Got Sponsor for April, 2014

            I came back from USA in Apr, 2004 after spending 3 years. Now this year 2014, I got another sponsor for H1B. I would like to know wheather I am cap-exempt or not?

            Thanks

            Comment


            • #21
              I dont think so as you were on H1 more than 6 Years back as well as cap counted more than 6 Years back.

              This is my opinion not legal advice.

              Comment


              • #22
                Need Help - H1B Cap- Exempt: unused H1B petition

                Hi,

                I had one unused H1B petition which expired in 2011(I even didn't went for stamping). Can I apply for cap-exempt for this year? I was in US on L1-B for around 1.6 years through different employer and L1-B also expired in 2012.

                As per I-797B, Receipt Date is April 23, 2008. So i think my H1B is approved on April 23, 2008.

                Kindly let me know that can I apply for cap-exempt for this year?

                Please help me -
                Thanks.
                Last edited by h1bcapexempt; 02-27-2014, 11:18 AM.

                Comment


                • #23
                  Originally posted by angadp View Post
                  Hi All,

                  MY h1b visa got expired in 2011. I have not traveled during the validity of my visa.
                  Now I want to travel to US and am looking for genuine h1b visa sponsor. Please help me in getting one or provide some guidance

                  Thanks in advance
                  Where you able to find a sponsor ?? Am in the same situation of urs too

                  Comment


                  • #24
                    H1B Visa Expired in Mar 2011 - never travelled - Am I Cap Exempt?

                    My H1B expired in Mar 2011, but I never travelled to US on this visa. My Visa on the passport also states PED (believe its petition expiry date) is 11 Mar 2011.

                    Question - Can I still transfer my H1b to another employer and use it?

                    Comment


                    • #25
                      Need help to understand the H1B Exempt process...

                      Hi friends,

                      I had H1B from 2004 to 2007 filed through my ex-employer.
                      I travelled to US in 2006.
                      During my stay there, my ex-company also filed my petition for extension.
                      That extension paper was valid till Oct 2009.
                      I came back to India by end of 2007.
                      But, I never went for stamping after that.
                      Now, from my current company, they filed a petition for H1B exempt.
                      When I saw the status of my petition in the USCIS website, it was showing post decision activity
                      It was showing that my I129 Petition for non-immigrant worker is approved.
                      Now I have 4 questions...

                      1. Could someone let me know if this is valid exempt scenario?
                      2. If the petition is approved, can I assume that the exempt scenario is valid?
                      3. Is there a chance that I129 is approved and during interview they reject with a reason stating that this is non-exempt category?
                      4. Also, what is the scope of clearing the interview, considering that I have already stayed in US on H1 Visa?

                      Till date, I have never attended any Visa interview.

                      Regards,
                      Rajesh

                      Comment


                      • #26
                        L1 to H1b

                        Originally posted by rprasadh View Post
                        Thanks. I had consulted an attorney and he confirmed me that I can use the remainng unused years eventhough my petition has expired.
                        I have been US from 2008 - 2009 (april) in H1B (Petition : 2007 - 2010). Now I am US with L1, is it possible to transfer to different employer now, using the old H1B ?

                        Comment


                        • #27
                          H1B CAP Exempt - issue

                          Hi I got my Visa on 16 Oct 2012 till 30 sep 2013
                          so i did my first extension from US and it got approved till 30 sep 2014.
                          I have filed my second extension and it got approved till 30 sep 2015.

                          But i have to got to india from Jun 2015 to Nov 2015 for organization work.
                          But between this my visa will get expired on 30 sep 2015 when i am in india.


                          1)So will i have to file new Fresh H1 from india again in which i have to wait for CAP Quote for next year.
                          2)or i can file my visa again from india after 30 sep 2015 any time once it get expired(Will it be fresh)? as i have not yet complete 6 years of H1B.
                          3) What will be the procedure as i have to come back to US after 6 months staying in india where my visa got expired on 30 Sep 2015.?

                          Thanks...

                          Comment


                          • #28
                            H1B Visa porting

                            Hi I have an H1B which is not used till now and it got expired on Nov 2011. I came to US in the year Jan 2011 on F1 and currently on OPT. Can i use my previous H1 which is never used and if so till when i have option to claim it. Reply will be well appreciated

                            Comment


                            • #29
                              Expired H1B visa of 2005

                              Hi,
                              I had H1B visa from Feb 2002 to Feb 2005. I stayed in USA from Feb 2002 on H1B for 1.5 years and then returned to India. I haven't visited USA in the last 10 years.
                              Can my new employer use the existing expired H1B petition and reapply for the remaining 4.5 years? Is it already invalid? Will I need to go thru a fresh 65000 cap?

                              Pls let me know.
                              Thanks.

                              Comment


                              • #30
                                Regarding my expired H1 stamp and I797/I129

                                I have to travel US and I have below conditions.

                                1. I had stamped my H1B First time in 2007 and I797 was valid till 2010
                                2. I had transferred my H1B To other employer and I129 was valid till 2011
                                3. I came back to India in Jan-2009. I have worked in US for 1 year on H1B
                                4. My Company stamped B1 in Feb-2011, I travelled and stayed just for 3 months in year 2011 on B1
                                5. After that I never visited US and my I129/I797 got expired

                                Do I need to go for lottery? If no, then what else needs to be done.

                                Please let me know the process
                                Last edited by contact2praful; 03-02-2015, 06:22 AM.

                                Comment

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