H1B-CAP Exempt -Expired H1 Petitions

[rprasadh]

Hi,
I had an approved I-797 petition from Employer A in Aug 2005 and travelled to US on Aug 2006.
I did my H1-Transfer to Employer B in June 2007 and got another I-797 petition (extension) valid till 2011.
I was in US for 3 years till 2009 and came back to India and been staying here since then.
Now can I apply for my H1B CAP exempt (I still have 3 years left) considering that my second I-797 expired in 2011?
Please clarify.

Regards,
Ram

[prao81]

H1B-CAP Exempt -Expired H1 Petitions

Yes , an employer can file a cap exempt petition and claim for the remainder period

1. You will get only the remaining time ie 6 yrs - time already spent on the 2 petitions that you had.

I am also assuming the initial petition was subject to the cap and not for a cap-exempt employer.

Note: This is my opinion and not legal advice.

[rprasadh]

Thanks. Yes, The first petition was CAP subjected.
Also, is the 6 year validity on the petition, is valid for the initial petition or the latest petition that got expired and which is less than 6 years?
Because, my employer says since the first petition was approved in 2005 the 6 year validity is over.
The additional petition that I have is an extension of the original I-797 which got exxpired in 2011.
I am confused as to whether I belong to CAP exempt or not.
Can anyone advice whom can I contact to get accurate response in this regard?

Thanks for your help..

[prao81]

H1B-CAP Exempt -Expired H1 Petitions

Since you have used your h1 , you can file a cap -exempt petition under the remainder option .

My opinion it is that you can avail this option for 6 yrs since your last day in valid h1 status which in your case is 2009.

Consult with an attorney and do not rely on my advice .

[angadp]

Looking for h1b visa sponsor from India. I am h1b cap exempt

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

[rprasadh]

Thanks. I had consulted an attorney and he confirmed me that I can use the remainng unused years eventhough my petition has expired.

[kpb]

H1B cap exempt eligibiliy

Hi,
I had H1B visa which was approved in Aug 2005 and stamping was valid till 30th Sep 2007. I returned back to India in the month of Aug 2007. Hence, I stayed on H1B for almost 1.5 years. In 2009, I travelled to US on my L1B for almost 6 months. Now, I want to return back to US finding a sponsor. But, before approaching to sponsor I want to know if I am eligible ofr H1B cap exempt ? If yes, then will it be for remaining 4 years ? Please help it is very urgent. Also, would appreciate if someone can guide me on the best way to find a sponsor.

[amtank]

Thanks. I had consulted an attorney and he confirmed me that I can use the remainng unused years eventhough my petition has expired.

Hi,

My case is very similar to yours. My initial visa was from Oct 2006 to Sep 2009, I changed job in Aug 2007 and my visa was valid from Aug 2007 to Aug 2010. I returned to India in Aug 2009. Is it possible to file cap exempt H1B? Is it necessary to apply from the same employer or I can also go through a new Employer? It will be great if you can help me with the details?

Thanks in advance and looking for a reply from you.

[akoppad]

Hi,

I have a question regarding expired H1B visa. I have a Masters degree from US and I had a H1B visa that was approved during the Oct 2008. I got my H1B stamping in India on 9th Jan 2009. I lost my job in Aug 2009 and returned to India in Nov 2009 itself. Now, I am planning to shift back to US for work reasons, I am aware that I am exempt from H1B cap. My question is when can a employer file a cap exempt H1B petition, can that be done throughout the year or only during the month of April? If its year round when do I start working for my new employer. I am aware that if its April 2014 filing, then the working day starts from Oct 1 2014

Thanks and regards,
Anu

[kabkaba]

Cap-exempt petition can be filed at any time and immediate start date can be requested.

Oct 1 date is only significant because that is start of the fiscal year and the year when new cap becomes available. Apr 1 is only significant because H1B petitions can be filed maximum 6 months in advance. If cap is not filled by Oct 1, even cap-subject petitions can be filed with immediate start date (as in 2009-2010).

[nilesh_patel]

Approved I797 of May 2008 valid for cap exempt?

Cap-exempt petition can be filed at any time and immediate start date can be requested.

Oct 1 date is only significant because that is start of the fiscal year and the year when new cap becomes available. Apr 1 is only significant because H1B petitions can be filed maximum 6 months in advance. If cap is not filled by Oct 1, even cap-subject petitions can be filed with immediate start date (as in 2009-2010).

I have approved I797 for H1B of 2008 Lottery which was valid from October-01-2008 for Company A. I got 221g on it when I went for H1B stamping in India in 2010. My employer never responded back with documents. Now I am in USA on L1B visa since last 3 years working for Employer B. Recently I got an offer from Employer C. Is it possible for Employer C to file H1B for me under cap exempt using my old I797 copy? If yes than what is the procedure?

[MBATechGrad]

Hi Prasadh,
Could you please pm me contact details of attorney? I am also in the same boat. Thank you

Thanks. I had consulted an attorney and he confirmed me that I can use the remainng unused years eventhough my petition has expired.

[alliswell2013]

Hi Prasadh,
Could you please pm me contact details of attorney? I am also in the same boat. Thank you

Hi MBATechGrad & rprasadh,
Could you please share the attorney details and the current status of your processing. I am also having the same situation.

Eagerly waiting for your reply....

[tdhcom]

I had H1B visa which was approved in Aug 2005 and stamping was valid till 30th Sep 2007. I returned back to India in the month of Aug 2007. Hence, I stayed on H1B for almost 1.5 years. In 2009, I travelled to US on my L1B for almost 6 months. Now, I want to return back to US finding a sponsor. But, before approaching to sponsor I want to know if I am eligible ofr H1B cap exempt ? If yes, then will it be for remaining 4 years ? Please help it is very urgent. Also, would appreciate if someone can guide me on the best way to find a sponsor.

[skum_5]

Clarfication Required on H1B Transfer process without US Payslips

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.