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Hello friends,
Please share your valuable inputs for my case.
My h1b approved on Oct 1st 2004. I was with same Employer all along with no bench tim
MY 4th year extension approved till Sep 30 2010 and my I-94 had a valid till date of Sep 30 2010. Based on my stay outside of US, I had 3.5 months to recapture.
My Employer filed my 7th year extension (based on Labor pending for more than 365 days) and i got the extension approvedl during March 2nd, 2011 and my I-797 showed a valid till date of Sep 30 2011.
However I noticed that I did not get a new I-94 (extension of status) along with the I-797 and My Employer never explained me why I didn't get that. I knew something was wrong and took advice from Mr. Rajiv S Khanna, who asked me to leave US ASAP before March 31st (ending of the 180 day limit). I had to sell off all my stuff and came back to India on March 25th.
I am working in Chennai till date and planning to apply for a fresh h1b in April 2013. My question is - can I apply for a cap exempt h1b as I had not used the entire time of my 7th year extension till Sep 30 2011. Also I had 3.5 months of time eligible for recapture which I had never filed?
Sorry for the long post.
Please share your valuable inputs for my case.
My h1b approved on Oct 1st 2004. I was with same Employer all along with no bench tim
MY 4th year extension approved till Sep 30 2010 and my I-94 had a valid till date of Sep 30 2010. Based on my stay outside of US, I had 3.5 months to recapture.
My Employer filed my 7th year extension (based on Labor pending for more than 365 days) and i got the extension approvedl during March 2nd, 2011 and my I-797 showed a valid till date of Sep 30 2011.
However I noticed that I did not get a new I-94 (extension of status) along with the I-797 and My Employer never explained me why I didn't get that. I knew something was wrong and took advice from Mr. Rajiv S Khanna, who asked me to leave US ASAP before March 31st (ending of the 180 day limit). I had to sell off all my stuff and came back to India on March 25th.
I am working in Chennai till date and planning to apply for a fresh h1b in April 2013. My question is - can I apply for a cap exempt h1b as I had not used the entire time of my 7th year extension till Sep 30 2011. Also I had 3.5 months of time eligible for recapture which I had never filed?
Sorry for the long post.
