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H1-B Expired and Eligibility for H1-B Cap Exempt

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  • H1-B Expired and Eligibility for H1-B Cap Exempt

    Hi,

    I stay in India and I had a H1-B Visa (from a company X) (Validity Aug 2007 to Sep 2010).
    Because of recession during 2008, I dropped my plan of using my H1-B. So, I stayed back in India and my Visa got expired.

    Now, am I eligible for H1-B Cap exempt program?

    Recently the same employer who started a new firm 'Y' is ready to file H1-B for me under cap exempt program.

    1) What is the eligibility criteria for H1-B Cap exempt program
    2) Am I eligible, with my above status.
    3) What are the documents required for appearing Visa interview under H1-B Cap-Exempt program
    4) Do I have to face a question, about not using my previous H1-B Visa? If yes, what should be a pleasing and meaningful answer to get through?

    Thanks

  • #2
    H1-B Expired and Eligibility for H1-B Cap Exempt

    Can you please respond / give your opinion

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    • #3
      Originally posted by need_info View Post
      Can you please respond / give your opinion
      Hi, I think the situation is similar to mine. Please share your details.

      Comment


      • #4
        H1-B Expired and Eligibility for H1-B Cap Exempt

        Yes. You are eligible. Visa documents will be same as general H1B. Cap exempt program is eligible if your approved H1B petition is expired
        within last 6 yrs. apply for new h1 under cap exempt and attend for stamping. Best of luck.
        This is my opinion and not legal advice.

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